COUNCIL OF the SOUTHERN MOUNTAINS, INC., et al., Petitioners,
v.
Raymond J. DONOVAN, Secretary of Labor, Eckehard Muessig, Deputy Assistant Secretary of Labor, and Mine Safety and Health Administration, Respondents, American Mining Congress, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 25, 1981.
Decided April 16, 1981.
Attorney(s) appearing for the Case
J. Davitt McAteer, Washington, D. C., of the bar of the Supreme Court of Illinois, Pro Hac Vice by special leave of Court, and Thomas B. Gumbel, Collinsville, Ill., of the bar of the Supreme Court of W. Va., Pro Hac Vice by special leave of Court, with whom L. Thomas Galloway, Washington, D. C., was on the brief, for petitioners, Council of the Southern Mountains, Inc., et al.
Betty Jean Hall, Jacksboro, Tenn., entered an appearance for petitioner Coal Employment Project.
Michael A. McCord, Counsel, Dept. of Labor, Washington, D. C., with whom Cynthia L. Attwood, Acting Associate Sol., and Nancy S. Hyde, Atty., Dept. of Labor, Washington, D. C., were on the brief, for respondents.
Anthony J. Thompson, Washington, D. C., with whom Edward A. McCabe, Robert W. Frantz, Henry Chajet and Michael F. Duffy, Washington, D. C., were on the brief, for intervenor.
Before ROBB, WALD and GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM.
PER CURIAM:
In November 1978, the Mine Safety and Health Administration (MSHA) of the Department of Labor issued final regulations requiring coal operators to equip all underground miners with self-contained self-rescuers (SCSRs) that will provide oxygen in the event of a mine explosion or fire.1 The regulations gave coal operators two years, until December 21, 1980, to order and supply the devices. Today we...
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