Island Creek Coal Company v. Secretary of Labor (MSHA) (Commission decision, May 20, 1982)

Plain-English summary

A federal appeals court returned Island Creek Coal Company’s case to the Commission for proceedings consistent with another court decision. The Commission sent the case to the chief administrative law judge for those proceedings. This order does not identify the underlying mine standard, decide the contested matter, or assess a penalty.

Decision snapshot

• Cited standards: None identified in this order.
• Outcome: Case remanded to the chief administrative law judge; no penalty assessed.
• Key point: The Commission passed the appeals court’s remand to the judge for further proceedings.

Full text (FMSHRC public release)

CCASE:
ISLAND CREEK COAL V. MSHA
DDATE:
19820520
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. May 20, 1982 ISLAND CREEK COAL COMPANY

v. Docket No. WEVA 79-242-R

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

ORDER
In Secretary of Labor v. FMSHRC, No. 80-1630, D.C. Cir., April 27, 1982, the court remanded this case to the Commission for further proceedings consistent with the court's decision in UMWA v. FMSHRC, Nos. 79-2503, etc., D.C. Cir., February 23, 1982. Accordingly, the case is remanded to the chief administrative law judge for further proceedings consistent with the court's order.
~871
Island Creek Coal
WEVA 79-242-R
Distribution
Ann S. Rosenthal, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
William K. Bodell, II
Island Creek Coal Company
P.0. Box 11430
Lexington, Kentucky 40575
Harrison Combs, Esq.
UMWA
900 15th St., N.W.
Washington, D.C. 20005
Chief Administrative Law Judge Paul Merlin FMSHRC 1730 K Street, N.W. Washington, D.C. 20006