THUNDER BASIN COAL CO. v. REICH

No. 92-896.

510 U.S. 200 (1994)

THUNDER BASIN COAL CO. v. REICH, SECRETARY OF LABOR, et al.

Supreme Court of United States.

Decided January 19, 1994.


Attorney(s) appearing for the Case

Wayne S. Bishop argued the cause for petitioner. With him on the briefs were Charles W. Newcom, Stewart A. Block, and Thomas F. Linn.

Deputy Solicitor General Wallace argued the cause for respondents. On the brief were Solicitor General Days, Acting Deputy Solicitor General Kneedler, William K. Kelley, Allen H. Feldman, and Nathaniel I. Spiller.*

BLACKMUN, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, SOUTER, and GINSBURG, JJ., joined, and in which SCALIA and THOMAS, JJ., joined except for Parts III-B, IV, and V. SCALIA, J., filed an opinion concurring in part and concurring in the judgment, in which THOMAS, J., joined, p. 219.


JUSTICE BLACKMUN delivered the opinion of the Court.

In this case, we address the question whether the statutory-review scheme in the Federal Mine Safety and Health Amendments Act of 1977, 91 Stat. 1290, as amended, 30 U. S. C. § 801 et seq. (1988 ed. and Supp. IV) (Mine Act or Act), prevents a district court from exercising subject-matter jurisdiction over a pre-enforcement challenge to the Act. We hold that it does.

I

Congress adopted...

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