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UNITED MINE WORKERS OF AMERICA, INTERN. UNION v. DOLE

No. 88-1238.

870 F.2d 662 (1989)

UNITED MINE WORKERS OF AMERICA, INTERNATIONAL UNION, Petitioner, v. Elizabeth H. DOLE, in her capacity as Secretary of Labor, et al., Respondents, American Mining Congress, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 10, 1989.

As Amended March 10, 1989.

Attorney(s) appearing for the Case

Michael Dinnerstein, with whom Michael H. Holland, Washington, D.C., was on the brief, for petitioner. Mary Lu Jordan, Washington, D.C., also entered an appearance for petitioner.

M. Peter Garcia, Atty., Dept. of Labor, with whom George R. Salem, Sol., Dennis D. Clark, Counsel, Appellate Litigation, Washington, D.C., and Linda L. Leasure, Atty., Dept. of Labor, Arlington, Va., were on the brief, for respondents.

Colleen A. Geraghty also entered an appearance for respondents.

Timothy M. Biddle and Thomas C. Means, Washington, D.C., were on the brief, for intervenor. Luther Zeilger, Washington, D.C., also entered an appearance for intervenor.

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

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

In this case we review new regulations on roof support in underground coal mines. Roof cave-ins due to a lack of adequate support are the leading cause of fatalities and injuries in underground mining: roof falls account for almost half of all underground coal-mining deaths. Injuries from roof falls are over eight times as likely to be fatal as injuries from other causes. Safety Standards...

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