Ezel / Agency Decisions / WEVA 91-292

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

Consolidation Coal Company (FMSHRC WEVA 91-292): Citation withdrawn and vacated

Decision type
ALJ decision
Docket
WEVA 91-292
Decided
November 27, 1991
Presiding judge
Gary Melick
Outcome
Citations vacated
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
29 C.F.R. § 2700.11
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 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 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 asked to withdraw the petition in a civil penalty proceeding against Consolidation Coal Company after further analysis indicated that the cited standard had not been violated. Judge Gary Melick granted permission to withdraw the petition under 29 C.F.R. § 2700.11. The citation was vacated and the case was dismissed.

Decision snapshot

  • Governing provision: 29 C.F.R. § 2700.11
  • Outcome: The petition was withdrawn, the citation was vacated, and the case was dismissed.
  • Key point: The Secretary may withdraw a petition when further analysis shows that the cited standard was not violated.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION COAL
DDATE:
19911127
TTEXT:

Page 2

~1849
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 91-292
PETITIONER
A.C. No. 46-04370-03575

v. Rowland No. 9 Mine

CONSOLIDATION COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Appearances: Robert S. 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

Petitioner in essence requests approval to now withdraw her Petition in the captioned case for the reason that upon further analysis she believes no violation of the cited standard has occurred. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The citation is accordingly vacated and this case is therefore dismissed.

Gary Melick
Administrative Law Judge

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