Secretary of Labor, Mine Safety and Health Administration (MSHA) v. Gateway Eagle Coal Company, LLC (Commission decision, October 20, 2016)

Plain-English summary

Gateway Eagle Coal Company asked the Commission in July 2015 to reopen a penalty assessment that had already become a final order. Before the Commission ruled, the company changed course and in April 2016 asked to withdraw that request. The Commission granted the withdrawal and dismissed the case. The order decides nothing about whether reopening would have been justified, and it makes no finding about the underlying citation or penalty. The practical effect is that the assessment stands as the final order it had already become.

Decision snapshot

• Cited standard(s): None; the order rests on the Mine Act generally, 30 U.S.C. § 801 et seq.
• Outcome: Motion to withdraw granted and the case dismissed, leaving the existing final order undisturbed.
• Key point: An operator may abandon a motion to reopen before the Commission rules, and the Commission will simply grant the withdrawal without reaching the merits.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND
HEALTH REVIEW COMMISSION

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, DC 20004-1710

SECRETARY
OF LABOR,                               :                                      

MINE SAFETY AND HEALTH                    :                                                       

ADMINISTRATION
(MSHA)                        :     

:

:      Docket No. WEVA 2015-844

v.                                                
:      A.C. No. 46-08637-378080         

:                            

GATEWAY
EAGLE COAL                             :

COMPANY, LLC                                            :

BEFORE:   
Jordan, Chairman; Young, Cohen, and Althen, Commissioners

ORDER

BY THE
COMMISSION: 

This
matter arises under the Federal Mine Safety and Health Act of 1977, 30
U.S.C.        § 801 et seq. (2012) (“Mine Act”).  On July 7, 2015, the Commission
received from Gateway Eagle Coal Company, LLC (“Gateway”) a motion to reopen
Docket No. WEVA 2015-844.  On April 12, 2016, Gateway requested to withdraw its
motion.

We
hereby grant Gateway’s motion to withdraw in Docket No. WEVA 2015-844. 
Accordingly, this case is dismissed.

/s/ Mary Lu
Jordan

Mary Lu Jordan, Chairman

/s/ Michael G.
Young

Michael G.
Young, Commissioner

/s/ Robert F.
Cohen, Jr.

Robert F. Cohen
Jr., Commissioner

/s/ William I.
Althen

William I.
Althen, Commissioner

Distribution:

Katrina
N. Bowers, Esq.

Steptoe
& Johnson, PLLC

P.O.
Box 1588

Charleston,
WV 25326-1588

W.
Christian Schumann, Esq.

Office
of the Solicitor

U.S.
Department of Labor

201
12th Street South, Suite 401

Arlington,
VA 22202-5450

Chief
Administrative Law Judge Robert J. Lesnick

Federal
Mine Safety & Health Review Commission

1331
Pennsylvania Ave. N.W., Suite 520N

Washington,
DC 20004-1710

Melanie
Garris

Office
of Civil Penalty Compliance

Mine
Safety and Health Administration

U.S.
Department of Labor

201
12th Street South, Suite 401

Arlington,
VA 22202-5450