Ezel / Agency Decisions / WEVA 80-116-R

Consolidation Coal Company v. Secretary of Labor (Commission decision, December 22, 1981)

Consolidation Coal Company v. Secretary of Labor (FMSHRC WEVA 80-116-R): Case returned to judge after court opinion

Decision type
Commission decision
Dockets
WEVA 80-116-R, WEVA 80-117-R, WEVA 80-118-R
Decided
December 22, 1981
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1981, and it may have been appealed since. Ezel checks how it stands today and answers your situation, 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.
Decision of the Commission
This order returned the case to the judge for further proceedings after an appellate court opinion. It did not finally resolve the underlying contest proceedings under 30 U.S.C. § 823(d)(1). 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

The Commission returned Consolidation Coal Company's three consolidated dockets to an administrative law judge. It directed further proceedings consistent with an October 13, 1981 opinion of the Fourth Circuit. This brief order does not describe the court's reasoning, decide the underlying citations, or assess a penalty.

Decision snapshot

  • Cited standard(s): None identified in this remand order.
  • Outcome: Three dockets remanded for further proceedings; no penalty assessed here.
  • Key point: The judge was to proceed in line with the Fourth Circuit's opinion.

Full text (FMSHRC public release)

CCASE:
CONSOLIDATION COAL V. MSHA
DDATE:
19811222
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
December 22, 1981
CONSOLIDATION COAL COMPANY Docket Nos. WEVA 80-116-R WEVA 80-117-R
v. WEVA 80-118-R

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)
ORDER
This case is remanded to the administrative law judge for
further proceedings consistent with the court's opinion in
Consolidation Coal Company v. Secretary of Labor, No. 80-1862,
4th Cir., October 13, 1981.

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