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AMERICAN MIN. CONGRESS v. MSHA

Nos. 91-1501, 92-1188, 92-1331.

995 F.2d 1106 (1993)

AMERICAN MINING CONGRESS and National Industrial Sand Association, Petitioners, v. MINE SAFETY & HEALTH ADMINISTRATION and U.S. Department of Labor, AMERICAN MINING CONGRESS, and National Industrial Sand Association, Petitioners, v. U.S. DEPARTMENT OF LABOR and William J. Tattersall, Assistant Secretary of Labor for Mine Safety and Health, and Mine Safety and Health Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1993.

Rehearing and Suggestion for Rehearing Denied September 8, 1993.

Attorney(s) appearing for the Case

Thomas C. Means, Washington, DC, argued the cause for petitioner. With him on the briefs were Edward M. Green, Mark G. Ellis, Timothy M. Biddle and Robert Timothy McCrum, Washington, DC.

Marshall J. Breger, Solicitor, Dept. of Labor, Washington, DC, argued the cause for respondent. With him on the brief were Allen H. Feldman, Nathaniel I. Spiller & Marks, Flynn, W. Christian Schumann and Jerald S. Feingold, Washington, DC.

Before: WILLIAMS, SENTELLE and RANDOLPH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied in No. 91-1501 September 8, 1993.

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

STEPHEN F. WILLIAMS, Circuit Judge:

This case presents a single issue: whether Program Policy Letters of the Mine Safety and Health Administration, stating the agency's position that certain x-ray readings qualify as "diagnose[s]" of lung disease within the meaning of agency reporting regulations...

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