COAL EMPLOYMENT PROJECT, et al., Petitioners,
v.
Elizabeth Hanford DOLE, in her Capacity as Secretary of Labor, United States Department of Labor, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 11, 1989.
Decided November 21, 1989.
Attorney(s) appearing for the Case
John F. Colwell, Washington, D.C., with whom J. Davitt McAteer, was on the brief for petitioners. Betty Jean Hall, Michael H. Holland, Mary Lu Jordan and Michael Dinnerstein, Washington, D.C., also entered appearances for petitioners.
Carl C. Charneski, Atty. Dept. of Labor, with whom Dennis D. Clark, Counsel, Dept. of Labor, was on the brief for respondent. George R. Salem, Counsel, Dept. of Labor, also entered an appearance for respondent.
Before WALD, Chief Judge, BUCKLEY and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge WALD.
WALD, Chief Judge:
In this petition,1 we are asked to rule on the validity of the single penalty assessment provision ("single penalty") authorized by regulations issued pursuant to the Federal Mine Safety and Health Act of 1977 ("Mine Act"), 30 U.S.C. §§ 801 et seq. (1982). The single penalty is a $20 civil fine imposed on mine operators for violations that are...
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