SECRETARY OF LABOR v. FEDERAL MINE SAFETY & HEALTH

No. 96-1164.

111 F.3d 913 (1997)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Jim Walter Resources, Inc., Respondents

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 1997.


Attorney(s) appearing for the Case

Robin A. Rosenbluth, Attorney, U.S. Department of Labor, argued the cause, Washington, DC, for petitioner. With her on the brief were J. Davitt McAteer, Acting Solicitor of Labor, Mount Hope, WV and W. Christian Schumann, Counsel.

Warren B. Lightfoot, Jr. argued the cause, Birmingham, AL, for respondents. With him on the brief was David M. Smith. J. Alan Truitt and Norman M. Gleichman, Takoma Park, MD, entered appearances.

Before: GINSBURG, HENDERSON and TATEL, Circuit Judges.


TATEL, Circuit Judge.

Under the Federal Mine Safety and Health Act, violations of mine safety and health standards that contribute "significantly and substantially" to a coal mine hazard and that result from an "unwarrantable failure" of the mine operator to comply with applicable standards may lead to orders requiring mine operators to remove workers from unsafe areas. In this case, the Secretary of Labor petitions for review of a Federal Mine Safety and Health Review...

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