UNITED MINE WORKERS OF AMERICA, Petitioner,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent.
UNITED MINE WORKERS OF AMERICA, Petitioner,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent,
Helen Mining Company and Kentland-Elkhorn Coal Corporation, Intervenors.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, Petitioner,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent,
Kentland-Elkhorn Coal Corporation, Intervenor.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, Petitioner,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent,
Helen Mining Company, Intervenor.
Ray MARSHALL, Secretary of Labor, United States Department of Labor, Petitioner,
v.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, Respondent,
United Mine Workers of America and Allied Chemical Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 12, 1981.
Decided February 23, 1982.
Attorney(s) appearing for the Case
Cynthia L. Attwood, Counsel, Dept. of Labor, Washington, D. C., with whom Dennis R. McDaniel, Atty., Dept. of Labor, Washington, D. C., was on the brief, for petitioner Ray Marshall, Secretary of Labor, Dept. of Labor, in Nos. 79-2536, 79-2537, and 80-1021.
Mary Lu Jordan and Harrison Combs, Washington, D. C., were on the brief for petitioner United Mine Workers of America in Nos. 79-2503 and 79-2518 and intervenor United Mine Workers of America in No. 80-1021.
Todd D. Peterson, Washington, D. C., with whom Richard McMillan, Jr., Washington, D. C., was on the brief, for intervenor Helen Mining Co. in Nos. 79-2518 and 79-2537.
Anthony J. Steinmeyer and Marleigh Dover Lang, Attys., Dept. of Justice, Washington, D. C., were on the statement in lieu of brief for respondent Federal Mine Safety and Health Review Commission.
George H. Cohen, Washington, D. C. and Mary Win-O'Brien, Pittsburgh, Pa., were on the brief for amicus curiae United Steelworkers of America, urging that the Commission decisions should be set aside, in Nos. 79-2518, 79-2536, 79-2537, and 80-1021.
C. Lynch Christian, III, was on the brief for intervenor Kentland-Elkhorn Coal Corp. in Nos. 79-2518 and 79-2536.
Lee F. Feinberg, Charleston, W. Va., entered an appearance for intervenor Allied Chemical Corp. in No. 80-1021.
Before TAMM and WALD, Circuit Judges, and HAROLD H. GREENE, United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by District Judge GREENE.
Concurring opinion filed by Circuit Judge WALD.
Dissenting opinion filed by Circuit Judge TAMM.
HAROLD H. GREENE, District Judge:
The issue in these consolidated cases1 is whether under section 103(f)2 of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq.,
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