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CYPRUS EMERALD RESOURCES v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

Nos. 98-1442, 98-1548.

195 F.3d 42 (1999)

CYPRUS EMERALD RESOURCES CORPORATION, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 1999.

Attorney(s) appearing for the Case

R. Henry Moore argued the cause for the petitioner. Heather A. Wyman entered an appearance.

Colleen A. Geraghty, Attorney, United States Department of Labor, argued the cause for the respondents. W. Christian Schumann, Counsel, United States Department of Labor, was on brief. Norman M. Gleichman, General Counsel, Federal Mine Safety and Health Review Commission, and Robin A. Rosenbluth, Attorney, United States Department of Labor, entered appearances.

Before: GINSBURG, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Concurring opinion filed by Circuit Judge RANDOLPH.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Section 104(d)(1) of the Federal Mine Safety and Health Act of 1977 (Act) provides in part:

If, upon any inspection of a coal or other mine, an authorized representative of the Secretary [of Labor] finds that there has been a violation of any mandatory health or safety standard, and...

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