NATIONAL INDEPENDENT COAL OPERATOR'S ASSOCIATION et al.
v.
Rogers C. B. MORTON (Secretary of the Interior of the United States) et al., Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 29, 1973.
Decided February 11, 1974.
Rehearing Denied April 24, 1974.
Attorney(s) appearing for the Case
Michael Kimmel, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty., Kathryn H. Baldwin, Atty., Dept. of Justice, and J. Philip Smith, Asst. Sol., Dept. of the Interior, were on the brief for appellants. Arnold T. Aikens and Robert M. Werdig, Jr., Asst. U. S. Attys., also entered an appearance for appellants.
John L. Kilcullen, Washington, D. C., for appellees.
Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
MacKINNON, Circuit Judge:
Under the Federal Coal Mine Health and Safety Act of 19691 the Secretary of the Interior is charged with enforcing mandatory health and safety standards in the nation's coal mines. Pursuant to this authority the Secretary may assess civil penalties against operators of coal mines in which health and safety violations occur.2 The present action challenges the procedures adopted by the...
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