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SECRETARY OF LABOR v. EXCEL MINING, LLC

No. 01-1335.

334 F.3d 1 (2003)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner, v. EXCEL MINING, LLC, and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2003.

Attorney(s) appearing for the Case

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

Grant Crandall and Judith Ellen Rivlin were on the brief for amicus curiae United Mine Workers of America in support of petitioner.

Timothy M. Biddle argued the cause for respondent Excel Mining, LLC. With him on the brief were Thomas C. Means and Edward M. Green.

Before: SENTELLE, ROGERS, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

Opinion dissenting filed by Circuit Judge SENTELLE.

GARLAND, Circuit Judge:

For some 25 years, the Secretary of Labor has determined whether coal mine operators are complying with standards limiting miners' exposure to respirable coal dust by using a methodology that averages multiple dust samples taken over a single shift. In 1999, the Secretary issued three...

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