Ezel / Agency Decisions / WEVA 91-192

Consolidation Coal Company (ALJ decision, August 27, 1991)

Consolidation Coal Company (FMSHRC WEVA 91-192): Settlement approved and penalty reduced

Decision type
ALJ decision
Docket
WEVA 91-192
Decided
August 27, 1991
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
30 U.S.C. § 815(d) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1991 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 1991
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 the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). 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

Consolidation Coal Company faced a civil penalty proceeding concerning the Humphrey No. 7 Mine. The Secretary vacated one citation for insufficient evidence and proposed reducing the remaining penalty from $212 to $135. Judge Gary Melick approved the settlement and ordered payment of the $135 penalty within 30 days.

Decision snapshot

  • Cited provisions: 30 U.S.C. § 815(d); 30 U.S.C. § 820(i)
  • Outcome: One citation was vacated, the settlement was approved, and the remaining penalty was reduced to $135.
  • Key point: The ALJ approved a reduced penalty after the Secretary withdrew one citation for insufficient evidence.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
2 Skyline, 10th Floor
5203 Leesburg Pike
Falls Church, Virginia 22041

SECRETARY OF LABOR,
CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 91-192
PETITIONER
A.C. No. 46-01453-03947
v.
Humphrey No. 7 Mine
CONSOLIDATION COAL COMPANY,
RESPONDENT

DECISION APPROVING SETTLEMENT

Appearances: Robert Wilson, Esq., Office of the Solicitor, U.S.
Department of Labor, Arlington, Virginia, for the Petitioner;
Walter J. Scheller III, Esq., Consolidation Coal Company, Pittsburgh, Pennsylvania, for the Respondent.

Before: Judge Melick

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). At hearings Petitioner filed a motion to approve a settlement agreement and to dismiss the case. The Secretary vacated Citation No. 3307355 for insufficient evidence. A reduction in penalty from $212 to $135 was 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 $135 within 30 days of this order.

Gary Melick
Administrative Law Judge

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