ENERGY WEST MIN. CO. v. FEDERAL MINE SAF. & HEALTH COM'N

No. 93-1296.

40 F.3d 457 (1994)

ENERGY WEST MINING COMPANY, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration (MSHA), Respondents. American Mining Congress, Amicus Curiae.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 1994.


Attorney(s) appearing for the Case

Thomas C. Means, Washington, DC, argued the cause for petitioner. With him on the briefs were Timothy M. Biddle and J. Michael Klise, Washington, DC.

Jerald S. Feingold, Atty., U.S. Dept. of Labor, Washington, DC, argued the cause for respondents. With him on the brief were W. Christian Schumann, Counsel, U.S. Dept. of Labor, Washington, DC. L. Joseph Ferrara, Washington, DC, entered an appearance for respondent Federal Mine Safety and Health Review Com'n.

Arthur G. Sapper, Washington, DC, argued the cause for amicus curiae. With him on the brief was James A. Lastowka, Washington, DC.

Before SILBERMAN, SENTELLE and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner Energy West Mining Company ("Energy West") challenges a Federal Mine Safety and Health Review Commission ("FMSHRC" or the "Commission") decision which upheld a Mine Safety and Health Administration ("MSHA") citation for failure to report an employee's injury suffered when his vehicle rolled into a ditch near a mine parking lot. An MSHA inspector cited Energy West for...

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