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IN RE UNITED MINE WORKERS OF AMERICA INTERN. UNION

No. 97-1109.

190 F.3d 545 (1999)

In re UNITED MINE WORKERS OF AMERICA INTERNATIONAL UNION, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1999.

Attorney(s) appearing for the Case

Robin A. Rosenbluth, Attorney, U.S. Department of Labor, argued the cause for respondent. With her on the brief was W. Christian Schumann, Counsel.

Michael F. Duffy and Harold P. Quinn, Jr., were on the brief for intervenor National Mining Association.

Before: WALD, TATEL and GARLAND, Circuit Judges.

Opinion for the Court by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

The United Mine Workers of America (UMWA) petitions for a writ of mandamus to compel the Mine Safety and Health Administration (MSHA) of the Department of Labor to issue final regulations controlling gaseous emissions in the exhaust of diesel engines used in underground coal mines. In 1989, MSHA issued a Notice of Proposed Rulemaking (NPRM) to update air quality standards for hazardous...

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