Birchfield Mining, Inc. (ALJ decision, January 30, 1995)

Plain-English summary

Birchfield Mining contested a Mine Act withdrawal order and faced a related civil penalty proceeding. The parties asked the judge to approve a settlement. Judge William Fauver found the settlement consistent with the purposes of the Mine Act, approved it, and ordered Birchfield to pay $800 within 30 days. The cases were to be dismissed after payment.

Decision snapshot

• Cited provision: 30 U.S.C. § 814(d)(1)
• Outcome: The settlement was approved, an $800 penalty was ordered, and the cases were to be dismissed after payment.
• Key point: The ALJ approved the parties' settlement after finding it consistent with the purposes of the Mine Act.

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

January 30, 1995

BIRCHFIELD MINING, INC., : CONTEST PROCEEDING Contestant :
v. : Docket No. WEVA 91-345-R
: Order No. 3751389; 3/14/91
SECRETARY OF LABOR,
:
MINE SAFETY AND HEALTH : Mine No. 1 ADMINISTRATION (MSHA), :
Petitioner, :
:
SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEVA 91-2076 Petitioner : A.C. No. 46-07273-03558
v. :
: Mine No. 1
BIRCHFIELD MINING, INC., :
Respondent :

DECISION

Appearances: David J. Hardy, Esq., Jackson & Kelly, Charleston, West Virginia, for Contestant;

Patrick L. DePace, Esq., Office of the Solicitor, U.S. Department of Labor, for Petitioner, Arlington, Virginia.

Before: Judge Fauver

These cases involve a ' 104(d)(1) order under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. ' et seq.

At the hearing the parties moved for approval of a settlement.

Having considered the reasons and documentation submitted, I conclude that the settlement is consistent with the purposes of the Act. Accordingly, the motion is GRANTED.

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ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved penalty of $800.00 within 30 days of this decision. Upon such payment the cases are dismissed.

William Fauver
Administrative Law Judge

Distribution:

David J. Hardy, Esq., Jackson & Kelly, P.O. Box 553, Charleston, WV 25344 (Certified Mail)

Patrick L. Depace, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Blvd., Suite 516, Arlington, VA 22203 (Certified Mail)

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