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KANAWHA COAL CO. v. ANDRUS

No. 77-1089.

553 F.2d 361 (1977)

KANAWHA COAL COMPANY, Petitioner, v. Cecil D. ANDRUS, Secretary of the Interior, Respondent, and United Mine Workers of America, Intervenor-Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1977.

Attorney(s) appearing for the Case

Edward N. Hall, Charleston, W. Va. (Harold S. Albertson, Jr., Hall & Albertson, Charleston, W. Va., Alexander Wellford, William F. Etherington, Christian, Barton, Epps, Brent & Chappell, Richmond, Va., on brief), for petitioner.

Frank A. Rosenfeld, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C. (Barbera Allen Babcock, Acting Asst. Atty. Gen. and Robert E. Kopp, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief), for respondent.

Steven B. Jacobson, Washington, D. C. (Harrison Combs, Washington, D. C., on brief), for respondent-intervenor.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

PER CURIAM:

On April 30, 1973, the Mining Enforcement and Safety Administration (MESA), acting pursuant to 30 U.S.C. § 814(b),1 issued a notice of violation to Kanawha Coal Company, citing it for excessive noise at its Madison Preparation Plant. See 30 C.F.R. 71.300. After conditionally approving the Company's plan to abate the violation through the use of engineering controls,

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