Ezel / Agency Decisions / WEVA 83-74

Secretary of Labor (MSHA) v. Peerless Eagle Coal Company (ALJ decision, November 9, 1983)

Secretary of Labor (MSHA) v. Peerless Eagle Coal Company (FMSHRC WEVA 83-74): Settlement approved for $800

Decision type
ALJ decision
Docket
WEVA 83-74
Decided
November 9, 1983
Presiding judge
Joseph B. Kennedy
Outcome
Settled
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

MSHA brought a civil penalty case against Peerless Eagle Coal Company involving two alleged violations at its No. 3 Mine. The parties jointly asked the judge to approve a settlement. Judge Joseph B. Kennedy granted their motion and ordered the company to pay the agreed $800 in penalties by November 25, 1983. He directed that the case be dismissed upon payment. The short order does not identify the cited standards or describe the underlying violations.

Decision snapshot

  • Cited standards: Not identified in the order.
  • Outcome: Settlement approved for $800; case dismissed subject to payment.
  • Key point: The order resolves two alleged violations through the parties' agreed penalty.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PEERLESS EAGLE COAL
DDATE:
19831109
TTEXT:
~1946

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

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 83-74
PETITIONER
A.C. No. 46-03851-03504

v. No. 3 Mine

PEERLESS EAGLE COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

For the reasons set forth in the parties' joint motion to approve settlement of the two violations alleged in the captioned matter, it is ORDERED that the same be, and hereby is, GRANTED.
It is FURTHER ORDERED that the operator pay the amount of the
penalties agreed upon, $800.00, on or before Friday, November 25,
1983, and that subject to payment the captioned matter be
DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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