Pigeon Branch Coal Company (ALJ decision, October 21, 1991)

Plain-English summary

Pigeon Branch Coal Company was the respondent in a civil penalty proceeding concerning its No. 8 Mine. The Secretary of Labor asked the judge to approve a settlement that reduced the proposed penalty from $4,400 to $2,200 and dismissed the case. Judge Avram Weisberger found the agreement appropriate under the statutory penalty criteria, approved the settlement, and ordered the company to pay $2,200 within 30 days.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(d) and § 820(i)
• Outcome: The settlement was approved and a $2,200 penalty was ordered.
• Key point: The judge approved the reduced penalty after finding the settlement appropriate under the statutory criteria.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. PIGEON BRANCH COAL
DDATE:
19911021
TTEXT:

Page 2

~1709
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 90-266
PETITIONER
A.C. No. 46-05972-03531

v. No. 8 Mine

PIGEON BRANCH COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Weisberger

This case is before me upon a petition for assessment of civil penalty under Section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act). Petitioner has filed a motion to approve a settlement agreement and to dismiss the case. A reduction in penalty from $4,400 to $2,200 is proposed. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $2,200 within 30 days of this order.

Avram Weisberger
Administrative Law Judge