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CONSOLIDATION COAL CO. v. DONOVAN

No. 81-2016.

656 F.2d 910 (1981)

CONSOLIDATION COAL COMPANY, Petitioner, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, and United States Department of Labor, Mine Safety and Health Administration, Respondents, United Mine Workers of America, Intervenor, Council of the Southern Mountains, Coal Employment Project, and District 12, United Mine Workers of America, Intervenors.

United States Court of Appeals, Third Circuit.

Decided August 13, 1981.

Attorney(s) appearing for the Case

Richard McMillan, Jr. (argued), Todd D. Peterson, Thomas C. Means, Crowell & Moring, Washington, D. C., for petitioner.

T. Timothy Ryan, Jr., Sol. of Labor, Edward P. Clair, Acting Associate Sol., Michael A. McCord, Counsel, Appellate Litigation (argued), Edward C. Hugler, Acting Counsel, Coal Standards and Regulations, Nancy S. Hyde, Atty., U. S. Dept. of Labor, Washington, D. C., for respondents.

Harrison Combs, Mary Lu Jordan (argued), Washington, D. C., for intervenor International Union, United Mine Workers of America.

J. Davitt McAteer, Center for Law and Social Policy, Washington, D. C. (argued), Betty Jean Hall, Coal Employment Project, Dumfries, Va., Thomas B. Gumbel, United Mine Workers of America, Collinsville, Ill., for intervenors Council of the Southern Mountains, Inc., et al.

Before ADAMS, HIGGINBOTHAM and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

On June 12, 1981, Consolidation Coal Company (Consol) submitted a "Petition for Rulemaking" to the Secretary of Labor. It requested the Mine Safety and Health Administration (MSHA) to institute rulemaking procedures to amend the regulations governing the use of self-contained self-rescue devices (SCSRs), which provide oxygen to miners in the event of a mine fire or explosion. Consol desires an amendment which would...

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