Ezel / Agency Decisions / WEVA 84-316-R

Consolidation Coal Company (ALJ decision, May 10, 1985)

Consolidation Coal Company (FMSHRC WEVA 84-316-R): Contest and penalty cases settled for $450

Decision type
ALJ decision
Dockets
WEVA 84-316-R, WEVA 85-129
Decided
May 10, 1985
Presiding judge
Joseph B. Kennedy
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1985 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 1985
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, not Commission precedent
This settlement approval became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index for these dockets. It binds 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

Consolidation Coal Company and the Secretary of Labor asked Judge Joseph B. Kennedy to approve a settlement and withdrawal of a contest and related civil penalty case involving the Humphrey No. 7 Mine. The judge independently reviewed the proposal and found it consistent with the Mine Act. He granted the motions and ordered the operator to pay the agreed $450 penalty by May 31, 1985. The two proceedings were to be dismissed upon payment. The brief order does not identify the underlying safety standard or describe the alleged violation.

Decision snapshot

  • Cited standards: None identified in the order.
  • Outcome: Settlement approved for $450; both proceedings dismissed subject to payment.
  • Key point: The judge approved the parties' settlement after an independent review.

Full text (FMSHRC public release)

CCASE:
CONSOLIDATION COAL v. SOL (MSHA)
DDATE:
19850510
TTEXT:
~664
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

CONSOLIDATION COAL COMPANY,
CONTEST PROCEEDING
CONTESTANT
v. Docket No. WEVA 84-316-R
Order No. 2261772; 6/18/84
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Humphrey No. 7 Mine
ADMINISTRATION (MSHA)
RESPONDENT

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 85-129
PETITIONER
A.C. No. 46-01453-03624
v.
Humphrey No. 7 Mine
CONSOLIDATION COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

This matter is before me on the parties' motions to approve settlement and withdrawal of the captioned review-penalty proceedings.

Based on an independent evaluation and de novo review of the circumstances, I find the settlement proposed is in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that the motions be, and hereby are, GRANTED. It is FURTHER ORDERED that the operator pay the amount of the penalty agreed upon, $450, on or before Friday, May 31, 1985, and that subject to payment the captioned matters be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace