Ezel / Agency Decisions / WEVA 82-219-R

U.S. Steel Mining Co., Inc. v. Secretary of Labor (MSHA) (ALJ decision, September 13, 1983)

U.S. Steel Mining Co., Inc. v. Secretary of Labor (MSHA) (FMSHRC WEVA 82-219-R): Citation contest withdrawn

Decision type
ALJ decision
Docket
WEVA 82-219-R
Decided
September 13, 1983
Presiding judge
Joseph B. Kennedy
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1983 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 1983
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 ALJ decision under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on the parties but is not Commission precedent. 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

U.S. Steel Mining contested a citation issued at its Gary No. 9 Mine. The parties jointly moved to withdraw the contest and dismiss the proceeding. Judge Joseph B. Kennedy granted the motion and dismissed the case. The short order does not identify the cited safety standard or decide whether the citation was valid.

Decision snapshot

  • Cited standard: Not identified in the order; the caption lists Citation No. 9914460.
  • Outcome: Contest withdrawn and proceeding dismissed.
  • Key point: The order ends the contest at the parties' request without a merits ruling.

Full text (FMSHRC public release)

CCASE:
U.S. STEEL MINING V. SOL (MSHA)
DDATE:
19830913
TTEXT:
~1571

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

U.S. STEEL MINING CO., INC.,
CONTEST PROCEEDING
CONTESTANT
Docket No. WEVA 82-219-R
v. Citation No. 9914460 3/3/82

SECRETARY OF LABOR,
Gary No. 9 Mine
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
RESPONDENT

ORDER OF DISMISSAL

Before Judge Kennedy

The parties having moved to withdraw the captioned notice of contest and to dismiss this matter, it is ORDERED that the same be, and hereby is, GRANTED and the matter DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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