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IN RE INTERNATIONAL UNION, UNITED MINE WORKERS

No. 00-1010.

231 F.3d 51 (2000)

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

United States Court of Appeals, District of Columbia Circuit.

Decided November 17, 2000.

Attorney(s) appearing for the Case

Judith Rivlin argued the cause for petitioner. With her on the brief was Grant Crandall.

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

Michael F. Duffy was on the brief for intervenor National Mining Association.

Before: EDWARDS, Chief Judge, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

The United Mine Workers of America ("UMWA" or "Petitioner") petitioned this court for a writ of mandamus to compel the Mine Safety and Health Administration ("MSHA") of the Department of Labor to promulgate an emergency temporary standard, or in the alternative, to engage in rulemaking, to protect mine workers from exposure to respirable coal mine dust. UMWA premised its request...

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