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INTERNATIONAL UNION, UMW v. FMSHA

No. 89-1702.

920 F.2d 960 (1990)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH ADMINISTRATION and William J. Tattersall, Assistant Secretary of Labor for Mine Safety and Health, Respondents, Cyprus Emerald Resources Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1990.

Attorney(s) appearing for the Case

Earl R. Pfeffer, with whom Mary Lu Jordan was on the brief, for petitioner.

Carl C. Charneski, Attorney, with whom Dennis D. Clarke, Counsel, Dept. of Labor, was on the brief, for respondents.

R. Henry Moore for intervenor.

Before WILLIAMS, D.H. GINSBURG and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The Assistant Secretary of Labor has exercised his authority under § 101(c) of the Federal Mine Safety and Health Act, 30 U.S.C. § 811(c) (1988), to exempt Cyprus Emerald Resources Corporation's "Emerald No. 1" mine from a regulation governing the flow of air through underground coal mines. The order permits Emerald to ventilate the working face...

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