Secretary of Labor v. Gateway Eagle Coal Company, LLC (Commission decision, June 27, 2016)

Secretary of Labor v. Gateway Eagle Coal Company, LLC (FMSHRC WEVA 2016-1): Reopening motion withdrawn and case dismissed

Decision type

Commission decision

Docket

WEVA 2016-1

Decided

June 27, 2016

Outcome

Procedural

Precedential status

Citable Commission precedent

Checked against source

2026-08-01

Cited standards

30 U.S.C. § 801

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this precedent to your situation

This is citable Commission precedent from 2016, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Decision of the Commission

This is a decision of the Federal Mine Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance under 30 U.S.C. § 816; check subsequent history before relying on it. The full text below is from the official FMSHRC release.

About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.

Read the official release (fmshrc.gov)

Plain-English summary

Gateway Eagle Coal filed a motion asking the Commission to reopen Docket No. WEVA 2016-1. The company later asked to withdraw that motion. The Commission granted withdrawal and dismissed the case without addressing the basis for reopening.

Decision snapshot

Governing law: Federal Mine Safety and Health Act of 1977
Outcome: The motion to reopen was withdrawn and the docket was dismissed.
Key point: The Commission made no reopening ruling on the merits because Gateway Eagle withdrew its request.

Full text (FMSHRC public release)

FEDERAL
MINE SAFETY AND HEALTH REVIEW COMMISSION

1331
PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON,
DC 20004-1710

SECRETARY
OF LABOR,

MINE
SAFETY AND HEALTH

ADMINISTRATION
(MSHA),

GATEWAY
EAGLE COAL

COMPANY,
LLC

Docket
No. WEVA 2016-1

A.C.
No. 46-08637-380428

BEFORE: Jordan,
Chairman; Young, Cohen, Nakamura, 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 October 1, 2015, the Commission received
from Gateway Eagle Coal Company, LLC (“Gateway Eagle”), a motion to reopen
Docket No. WEVA 2016-1. Gateway Eagle thereafter requested to withdraw its
motion to reopen in Docket No. WEVA 2016-1.

We hereby grant Gateway Eagle’s motion
to withdraw in Docket No. WEVA 2016-1. 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/ Patrick K. Nakamura

Patrick K. Nakamura, Commissioner

/s/ William I. Althen

William I.
Althen, Commissioner

Distribution:

Jonathan
R. Ellis

Katrina
N. Bowers

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 St. South, Suite 500

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 St. South, Suite 401

Arlington,
VA 22202-5450

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