Ezel / Agency Decisions / WEVA 79-447-R

Maben Energy Corporation v. Secretary of Labor (MSHA) (ALJ decision, October 21, 1981)

Maben Energy Corporation v. Secretary of Labor (FMSHRC WEVA 79-447-R): Six citations affirmed under stipulation

Decision type
ALJ decision
Dockets
WEVA 79-447-R, WEVA 79-448-R, WEVA 79-449-R, WEVA 79-450-R, WEVA 79-451-R, WEVA 79-452-R
Decided
October 21, 1981
Presiding judge
Gary Melick
Outcome
Citations affirmed
Precedential status
Reviewed by the Commission
Checked against source
2026-10-22
Cited standards
30 C.F.R. § 77.216-3(a)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1981
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
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

Maben Energy contested six citations at its No. 4 Mine. The parties stipulated that the citations' disposition would follow a related Commission decision concerning Maben and the impoundment standard. After the Commission reinstated the citation in that related case, Judge Gary Melick affirmed all six citations and dismissed the contests. The Commission later upheld the result on review but disagreed with how the judge had read the stipulation. This ALJ ruling assessed no penalty.

Decision snapshot

  • Cited standard: 30 C.F.R. § 77.216-3(a), the impoundment standard addressed in the related Commission decision.
  • Outcome: Six citations affirmed and six contests dismissed; no penalty assessed in this decision.
  • Key point: The judge applied the parties' agreement tying these contests to the related Commission ruling.

Full text (FMSHRC public release)

CCASE:
MABEN ENERGY v. SOL (MSHA)
DDATE:
19811021
TTEXT:

~2408
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

MABEN ENERGY CORPORATION,
Contest of Citations
CONTESTANT
v. Docket No. WEVA 79-447-R

SECRETARY OF LABOR,
Citation No. 637734
MINE SAFETY AND HEALTH
September 7, 1979
ADMINISTRATION (MSHA),
RESPONDENT
Docket No. WEVA 79-448-R

Citation No. 637735
September 7, 1979

Docket No. WEVA 79-449-R

Citation No. 637736
September 7, 1979

Docket No. WEVA 79-450-R

Citation No. 637737
September 7, 1979

Docket No. WEVA 79-451-R

Citation No. 637738
September 7, 1979

Docket No. WEVA 79-452-R

Citation No. 637880
September 7, 1980

Maben No. 4 Mine

DECISION AND ORDER

On October 16, 1981, the Federal Mine Safety and Health Review Commission in Secretary v. Maben Energy Corporation, Docket No. WEVA 79-123-R, reinstated the citation therein, thereby affirming a violation of the standard at 30 C.F.R. 77.216-3(a). The parties in the captioned cases have agreed and stipulated that the disposition of the citations in these cases shall be governed by final Commission decision in the proceedings in Docket No. WEVA 79-123-R.

~2409
Accordingly, Citation Nos. 637734, 637735, 637736, 637737, 637738, and 637880 are AFFIRMED and the captioned contests of those citations are DISMISSED.

Gary Melick
Administrative Law Judge

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