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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