Ezel / Agency Decisions / WEVA 87-42

Consolidation Coal Company (ALJ decision, November 16, 1987)

Consolidation Coal Company (FMSHRC WEVA 87-42): Proceeding dismissed after citation transfer

Decision type
ALJ decision
Docket
WEVA 87-42
Decided
November 16, 1987
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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. It binds the parties but is not binding on the Commission in other cases. 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 only citation remaining in Consolidation Coal Company's WEVA 87-42 docket was citation 2703915. The citation had been transferred to docket WEVA 87-42(B), where it was included in a decision approving a settlement and dismissing that proceeding. Judge James A. Broderick dismissed the WEVA 87-42 proceeding.

Decision snapshot

  • Governing provisions: None stated in this dismissal order.
  • Outcome: The proceeding was dismissed after the remaining citation was transferred to a related settled docket.
  • Key point: A docket may be dismissed when its remaining citation is transferred into a related proceeding that resolves the matter.

Full text (FMSHRC public release)

CCASE:
SOL V. CONSOLIDATION COAL
DDATE:
19871116
TTEXT:

Page 2

~1949

FMSHRC-FCV
NOV 16, 1987

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 87-42
Petitioner
A.C. No. 46-01453-03735

v. Humphrey No. 7 Mine

CONSOLIDATION COAL COMPANY,
Respondent

ORDER OF DISMISSAL

Before: Judge Broderick

The only citation remaining in this docket, 2703915, was transferred to Docket WEVA 87-42(B) and is included in a decision approving settlement and dismissing the proceeding, issued today.

Therefore, this proceeding is DISMISSED.

James A. Broderick
Administrative Law Judge

Distribution:

Susan M. Jordan, Esq., U.S. Department of Labor, Office of the
Solicitor, 3535 Market Street, Philadelphia, PA 19104 (Certified Mail)

Michael R. Peelish, Esq., Consolidation Coal Company, 1800 Washington
Rd., Pittsburgh, PA 15241 (Certified Mail)

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