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AMERICAN MIN. CONGRESS v. MARSHALL

Nos. 80-1581, 80-2166.

671 F.2d 1251 (1982)

AMERICAN MINING CONGRESS, Petitioner, v. Ray F. MARSHALL, Secretary of Labor, U. S. Department of Labor; and United States Department of Labor; and Robert B. Lagather, Assistant Secretary for Mine Safety and Health, U. S. Department of Labor; and Mine Safety and Health Administration, U. S. Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

Decided February 22, 1982.

Attorney(s) appearing for the Case

Anthony J. Thompson of Hamel, Park, McCabe & Saunders, Washington, D. C. (Edward A. McCabe, Raymond D. McMurray, John H. Spellman, and Charles E. Sliter of Hamel, Park, McCabe & Saunders, Washington, D. C., Frank H. Morison and Jane Michaels Talesnick of Holland & Hart, Denver, Colo., and Henry Chajet, Senior Counsel, American Mining Congress, Washington, D. C., with him on the briefs), for petitioner.

Cynthia L. Attwood, Deputy Associate Sol., Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Moody R. Tidwell, Associate Sol., Edward P. Clair, Counsel for Coal Mine Standards and Regulations, Edward C. Hugler and Ann S. Rosenthal, Attys., U. S. Dept. of Labor, Arlington, Va., with her on the brief), for respondents.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges:

McKAY, Circuit Judge.

Petitioner, American Mining Congress, challenges the promulgation of rules by the Secretary of Labor under the Federal Mine Safety and Health Act (MSHA), 30 U.S.C. §§ 801-960 (1976 & Supp. III 1979), on both substantive and procedural grounds.

Congress passed the original Coal Mine Health and Safety Act, 30 U.S.C. §§ 801-960 (1976), in 1969 in response to studies indicating that prolonged exposure of miners to...

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