Ezel / Agency Decisions / WEVA 79-183-R

Island Creek Coal Company v. Secretary of Labor (ALJ decision, August 19, 1982)

Island Creek Coal Company v. Secretary of Labor (FMSHRC WEVA 79-183-R): Citation contests dismissed as moot after settlement

Decision type
ALJ decision
Dockets
WEVA 79-183-R, WEVA 79-184-R
Decided
August 19, 1982
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1982 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1982
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Island Creek Coal Company had contested two citations at its Birch 2A Mine in dockets WEVA 79-183-R and WEVA 79-184-R. Judge Gary Melick stated that he had recently approved a settlement of those same citations in a separate civil penalty docket, WEVA 80-72. Because that settlement resolved citations 635499 and 635500, the judge found the remaining contests moot. He dismissed both contest cases without addressing the merits of the citations in this order.

Decision snapshot

  • Cited standard(s): No standard is identified in this dismissal order.
  • Outcome: Both citation contests dismissed as moot after settlement of the same citations in WEVA 80-72.
  • Key point: The approved settlement left no live citation contest for the judge to decide.

Full text (FMSHRC public release)

CCASE:
ISLAND COAL V. SOL (MSHA)
DDATE:
19820819
TTEXT:

~1566

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

ISLAND CREEK COAL COMPANY,
CONTESTS OF CITATIONS
CONTESTANT
v. Docket No. WEVA 79-183-R
Citation No. 635499 5/7/79
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Docket No. WEVA 79-184-R;
ADMINISTRATION (MSHA),
Citation No. 635500 5/7/79
RESPONDENT
Birch 2A Mine

ORDER OF DISMISSAL

In light of the settlement agreement recently approved by the undersigned in Secretary v. Island Creek Coal Co., Docket No.
WEVA 80-72 (Citation Nos. 635499 and 635500), it appears that the
Contests herein of the same citations have been rendered moot.
These cases are therefore dismissed.

Gary Melick
Assistant Chief Administrative Law Judge

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