Respondent, GEO-Environmental has agreed to
withdraw its application for attorney’s fees and expenses under the Equal Access to Justice Act,
and has joined in the motion to dismiss the Equal Access to Justice Proceeding. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
601 New Jersey Avenue, N.W., Suite 9500
Washington, D.C. 20001
August 6, 2007
SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Petitioner v. GEO-ENVIRONMENTAL ASSOCIATES Respondent GEO-ENVIRONMENTAL ASSOCIATES Applicant v. SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Respondent |
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CIVIL PENALTY PROCEEDING Docket No. KENT 2002-251 A.C. No. 15-05106-03501 WNH EQUAL ACCESS TO JUSTICE PROCEEDING Docket No. EAJ 2004-01 Formerly KENT 2002-251 Mine ID 15-05106-03501 WNH Preparation Plant |
ORDER OF DISMISSAL
Before: Judge Zielinski
The Civil Penalty Proceeding is before me on remand from the Commision, which by
Decision dated May 30, 2006, reversed the dismissal of Citation No. 7044409, and remanded for
assessment of a civil penalty. Martin County Coal, Corp, 28 FMSHRC 247, 258-59 (May 2006).
The parties have jointly filed a motion to dismiss the petition on grounds that the underlying
Citation No. 7044409 has now been vacated.
Respondent, GEO-Environmental has agreed to
withdraw its application for attorney’s fees and expenses under the Equal Access to Justice Act,
and has joined in the motion to dismiss the Equal Access to Justice Proceeding.
Upon consideration of the foregoing, the motion is hereby GRANTED and these cases are hereby DISMISSED.
Michael E. Zielinski
Administrative Law Judge
Distribution:
James B. Crawford, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209
Mark E. Heath, Esq., Spilman, Thomas & Battle, PLLC, 300 Kanawha Blvd. East, P.O. Box 273, Charleston, WV 25321
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