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INTERNATIONAL UNION, UMWA v. FMSHA

No. 89-1703.

924 F.2d 340 (1991)

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, Quarto Mining Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1991.

Attorney(s) appearing for the Case

Earl R. Pfeffer, New York City, with whom Robert H. Stropp, Jr. and Mary Lu Jordan, Washington, D.C., were on the brief, for petitioner.

Jerald S. Feingold, Atty., Dept. of Labor, for respondents. Dennis D. Clark and David M. McConnell, Attys., Dept. of Labor, Washington, D.C., were on the brief for respondents.

Timothy M. Biddle, with whom Thomas C. Means and Susan E. Chetlin, Washington, D.C., were on the brief, for intervenor.

Before SILBERMAN, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

The Assistant Secretary for Labor, acting pursuant to section 101(c) of the Mine Safety and Health Act, 30 U.S.C. § 811(c) (1988), granted Quarto Mining Company's petition for modification of a mine safety regulation that regulates the permissible air flow in underground coal mines. This court recently reviewed a similar decision issued by the Assistant Secretary, in which...

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