Ezel / Agency Decisions / WEVA 91-92

Consolidation Coal Company (ALJ decision, July 17, 1991)

Consolidation Coal Company (FMSHRC WEVA 91-92 and WEVA 91-102): Settlement approved with reduced penalty

Decision type
ALJ decision
Dockets
WEVA 91-92, WEVA 91-102
Decided
July 17, 1991
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
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

Consolidation Coal asked the judge to approve a settlement in two civil penalty proceedings involving citations at the Loveridge No. 22 and Robinson Run No. 95 mines. The settlement removed the significant-and-substantial findings from two citations and reduced the proposed penalties from $1,722 to $1,400. Judge Gary Melick approved the agreement and ordered the company to pay $1,400 within 30 days.

Decision snapshot

  • Cited standards: The order does not identify the underlying regulatory standards.
  • Outcome: The settlement was approved, S&S findings were deleted, and the total penalty was reduced to $1,400.
  • Key point: The judge approved the settlement after considering the parties’ representations and documentation under the Mine Act criteria.

Full text (FMSHRC public release)

Page 2

~1131

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 PROCEEDINGS MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Docket No. WEVA 91-92 PETITIONER A.C. No. 46-01433-03953 v. Loveridge No. 22 Mine CONSOLIDATION COAL COMPANY, RESPONDENT Docket No. WEVA 91-102 A.C. No. 46-01318-03975

Robinson Run No. 95 Mine

DECISION APPROVING SETTLEMENT

Appearances: Charles Jackson, 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

These cases are before me upon petitions 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 which was supplemented post-hearing. A modification of Citation Nos. 3308698 and 3309261 to delete the "significant and substantial" findings and a reduction in penalties from $1,722 to $1,400 has been 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 $1,400 within 30 days of this order.

Gary Melick
Administration Law Judge

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