INTERNATIONAL UNION v. U.S. DEPARTMENT OF LABOR

No. 02-1356.

358 F.3d 40 (2004)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Mine Safety and Health Administration, Elaine Chao, Secretary of Labor, and Dave Lauriski, Assistant Secretary of Labor for Mine Safety and Health, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 2004.


Attorney(s) appearing for the Case

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

Ellen L. Beard, Senior Appellate Attorney, U.S. Department of Labor, argued the cause for respondents. With her on the brief were Allen H. Feldman, Associate Solicitor of Labor, and Nathaniel I. Spiller, Deputy Associate Solicitor. Mark S. Flynn, Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, GARLAND, Circuit Judge, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The United Mine Workers of America petitions for review of a final decision of the Mine Safety and Health Administration (MSHA), a component of the Department of Labor, to withdraw its proposed Air Quality rule. The Union argues the agency's action was contrary to the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 811, and arbitrary and capricious, in violation of the...

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