Ezel / Agency Decisions / WEVA 85-35

Secretary of Labor v. East Gulf Fuel Corporation (ALJ decision, May 31, 1985)

Secretary of Labor v. East Gulf Fuel Corporation (FMSHRC WEVA 85-35 and WEVA 85-36): $1,808 settlement approved

Decision type
ALJ decision
Dockets
WEVA 85-35, WEVA 85-36
Decided
May 31, 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 decision 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

The Secretary of Labor and East Gulf Fuel Corporation asked to settle two civil penalty cases involving the East Gulf No. 4 Mine. They agreed to the amounts initially assessed, totaling $1,808. Judge Joseph B. Kennedy independently reviewed the proposal and found it acceptable. He ordered payment by June 14, 1985, with dismissal of both cases subject to payment. The order does not identify the underlying citations or standards.

Decision snapshot

  • Cited standards: Not identified in this settlement order.
  • Outcome: Settlement approved for $1,808, payable by June 14, 1985, with dismissal subject to payment.
  • Key point: The judge approved settlement at the initially assessed amounts in both dockets.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. EAST GULF FUEL
DDATE:
19850531
TTEXT:
~858
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 85-35
PETITIONER
A.C. No. 46-04723-03522
v.
Docket No. WEVA 85-36
EAST GULF FUEL CORPORATION,
A.C. No. 46-04723-03523
RESPONDENT
East Gulf No. 4 Mine

DECISION APPROVING SETTLEMENT

Before: Judge Kennedy

These matters are before me on the parties' motion to approve settlement of the captioned matters at the amounts initially assessed.

Based on an independent evaluation and de novo review of the circumstances, I find the settlement proposed is acceptable.

Accordingly, it is ORDERED that the operator pay the amount of the settlement agreed upon, $1,808, on or before Friday, June 14, 1985, and that subject to payment the captioned matters be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

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