NATIONAL INDUSTRIAL SAND ASSOCIATION, a Delaware Corporation, et al., Petitioners,
The China Clay Producers, Intervenor,
v.
F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, and Robert B. Lagather, Assistant Secretary for Mine Safety and Health Administration, United States Department of Labor, Respondents.
The COUNCIL OF the SOUTHERN MOUNTAINS, INC., Petitioner,
v.
F. Ray MARSHALL, in his capacity as Secretary of Labor, United States Department of Labor, and Robert Lagather, in his capacity as Assistant Secretary of Labor, Mine Safety and Health Administration, Respondents,
China Clay Producers, Intervenor.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued April 3, 1979.
Decided May 16, 1979.
Attorney(s) appearing for the Case
David S. Smith, Michael T. Heenan (argued), Kilcullen, Smith & Heenan, Washington, D. C., for petitioners National Industrial Sand.
C. Christopher Hagy, Gordon O. Pehrson, Jr. (argued), William H. Penniman, John D. Sharer, Sutherland, Asbill & Brennan, Washington, D. C., for intervenor The China Clay Producers.
Carin Ann Clauss, Sol. of Labor, Morell E. Mullins, Associate Sol., Edward P. Clair, Thomas A. Mascolino, Counsel, Washington, D. C., Manuel R. Lopez, Dennis R. McDaniel, Ronald E. Meisburg (argued), Robert C. Snashall, Jr., Attys., Washington, D. C., Alan Yamamoto, Atty., U. S. Dept. of Labor, Arlington, Va., J. Davitt McAteer (argued), L. Thomas Galloway, Center for Law and Social Policy, Washington, D. C., for petitioner The Council of the Southern Mountains, Inc.
Before SEITZ, Chief Judge, and HUNTER and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GARTH, Circuit Judge.
We are presented on this appeal with challenges by mine operators and by miners to training regulations which have been promulgated by the Secretary of Labor.
Section 115 of the Federal Mine Safety and Health Act of 1977 (Mine Act),1 requires every mine operator to have a health and safety training program for miners. Each program must be approved by the Secretary of Labor (Secretary...
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