Ezel / Agency Decisions / WEVA 88-4-R

Consolidation Coal Company (ALJ decision, May 26, 1988)

Consolidation Coal Company (FMSHRC WEVA 88-4-R and WEVA 88-76): Citation-vacation dismissal affirmed

Decision type
ALJ decision
Dockets
WEVA 88-4-R, WEVA 88-76
Decided
May 26, 1988
Presiding judge
Paul Merlin
Outcome
Procedural
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 1988 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 1988
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 Secretary's civil penalty petition and Consolidation Coal Company's related contest concerned an enforcement document that MSHA had vacated. At the hearing, the Solicitor moved to withdraw the penalty petition and dismiss the contest. Judge Paul Merlin granted the motion, affirmed the dismissal entered from the bench, and dismissed both cases.

Decision snapshot

  • Cited standards: None stated in the release.
  • Outcome: The dismissal was affirmed, and the civil penalty and contest proceedings were dismissed after MSHA vacated the citation.
  • Key point: Vacating the underlying citation supported withdrawal of the penalty petition and dismissal of the related contest.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION COAL
DDATE:
19880526
TTEXT:

Page 2

~685
FMSHRC-WDC
May 26, 1988

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 88-76
Petitioner A. C. No. 46-01454-03725

v. Pursglove No. 15 Mine

CONSOLIDATION COAL COMPANY,
Respondent

CONSOLIDATION COAL COMPANY, CONTEST PROCEEDING Contestant
Docket No. WEVA 88-4-R
Order No. 2903242; 9/8/87 v.
Pursglove No. 15 Mine
SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
Mine ID 46-01454
ADMINISTRATION (MSHA),
Respondent

DECISION
ORDER OF DISMISSAL

Appearances: Anita D. Eve, Esq., Office of the Solicitor, U. S. Department of Labor, Pittsburgh,
Pennsylvania, for Petitioner.

Before: Judge Merlin

These cases are a petition for the assessment of a civil penalty filed by the Secretary of Labor against Consolidation Coal Company, and the accompanying notice of contest filed by the operator. At the hearing, the Solicitor moved to withdraw the petition and have the notice of contest dismissed on the grounds that the subject citation was vacated by MSHA. On the record the Solicitor's motion to withdraw was granted. This hearing took place at the time other cases involving the parties were heard on the merits.

Page 3

~686
ORDER

The order of dismissal rendered from the bench is hereby AFFIRMED and these cases are DISMISSED.

Paul Merlin
Chief Administrative Law Judge

Distribution:

Anita D. Eve, Esq., Office of the Solicitor, U. S. Department of Labor, Room 14480-Gateway Building, Pittsburgh, PA 15241 (Certified Mail)

Michael R. Peelish, Esq., Consolidation Coal Company, 1800 Washington Road, Pittsburgh, PA 15241 {Certified Mail}

UMWA, 900 15th Street, N.W., Washington, DC 20005 (Certified Mail)

Lawrence Beeman, Director, Office of Assessments, U. S. Department of Labor, 4015 Wilson Boulevard, Arlington, VA 22203 (Handcarried)

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