Ezel / Agency Decisions / WEVA 81-36-R

Secretary of Labor v. Badger Coal Company (Commission decision, July 5, 1984)

Secretary of Labor v. Badger Coal Company (FMSHRC WEVA 81-36-R and related dockets): Review petition dismissed

Decision type
Commission decision
Dockets
WEVA 81-36-R, WEVA 81-37-R, WEVA 81-277, WEVA 81-285
Decided
July 5, 1984
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 1984, 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 1984
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 is a final procedural order, not a Commission ruling on the merits of the citations. The Commission vacated its grant of review and dismissed the operator's petition. The ALJ's April 11, 1984 decision became the final Commission decision by operation of 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

Badger Coal Company obtained Commission review of an ALJ decision concerning four consolidated dockets. It later asked the Commission to dismiss its own review petition, and the Secretary of Labor did not object. The Commission vacated its earlier order granting review and dismissed the petition. It did not decide the disputed citations in this order. Under the Mine Act, the ALJ's April 11, 1984 decision became the final Commission decision.

Decision snapshot

  • Cited standards: None specified in this procedural order.
  • Outcome: Grant of review vacated and operator's review petition dismissed; the ALJ decision became final by operation of law.
  • Key point: The dismissal ended Commission review without a merits ruling by the Commission.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BADGER COAL
DDATE:
19840705
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. July 5, 1984 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) Docket Nos. WEVA 81-36-R WEVA 81-37-R
v. WEVA 81-277
WEVA 81-285
BADGER COAL COMPANY

ORDER
Badger Coal Company's petition for discretionary review of the administrative law judge's final decision in this matter was granted by this Commission on May 21, 1984. Subsequently, by motion dated June 22, 1984, counsel for the operator requested that its petition for review be dismissed by the Commission. The Secretary of Labor has responded stating that he has no objection to Badger's motion. Accordingly, our order granting review in this case is vacated and the operator's petition for discretionary review is dismissed. By operation of law, the administrative law judge's April 11, 1984, decision (6 FMSHRC 874) constitutes the Commission's final decision in this matter. 30 U.S.C. $ 823(d)(1). L. Clair Nelson, Commissioner
~1572
Distribution
David J. Romano, Esq.
Young, Morgan, Cann & Romano
Suite One, Schroath Building
Clarksburg, West Virginia 26301
Michael McCord, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, Virginia 22203
Administrative Law Judge Richard Steffey
Federal Mine Safety & Health Review Commission 5203 Leesburg Pike, lOth Floor Falls Church, Virginia 22041

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