CONSOL. COAL CO. v. FED. MINE SAFETY & H. REV. COM'N

No. 86-1403.

824 F.2d 1071 (1987)

CONSOLIDATION COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, et al., Respondents, Coal Employment Project, United Mine Workers of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1987.


Attorney(s) appearing for the Case

Robert M. Vukas, with whom Richard J. Klein, was on brief, for petitioner.

John Longstreth, with whom Kathryn P. Broderick, Edward M. Green, Henry Chajet and Michael F. Duffy, Washington, D.C., were on brief, for amicus curiae, American Min. Congress.

Ann Rosenthal, Counsel, Appellate Litigation, Dept. of Labor, with whom Linda Leasure, Atty., Dept. of Labor, Arlington, Va., was on brief, for respondent.

Dennis Clark, with whom Michael H. Holland and Mary Lu Jordan, Washington, D.C., were on brief, for intervenor, United Mine Workers of America.

J. Davitt McAteer, Betty Jean Hall and John F. Colwell, Washington, D.C., were on brief, for intervenor, Coal Employment Project.

Before WALD, Chief Judge, and EDWARDS and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge D.H. GINSBURG.

WALD, Chief Judge:

Petitioner Consolidation Coal Company ("Consol") was issued a citation under § 104(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 814(a). The citation alleged that Consol had violated 30 C.F.R. § 70.100, which sets forth respirable...

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