1. Home
  2. Browse Decisions
  3. F.3d
  4. 386 F.3d
  5. 386 F.3d 460 (2004)
 

D.A.S. SAND & GRAVEL, INC. v. CHAO

Docket No. 03-40668.

386 F.3d 460 (2004)

D.A.S. SAND & GRAVEL, INC. Petitioner, v. Elaine L. CHAO, United States Secretary of Labor, Mine Safety and Health Administration, and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Second Circuit.

Decided: May 26, 2004.

Amended: October 14, 2004.

Attorney(s) appearing for the Case

David A. Scheer, Newark, NY, for Petitioner.

Robin A. Rosenbluth, Senior Attorney (Howard M. Radzely, Solicitor of Labor, on the brief, Edward P. Clair, Associate Solicitor, W. Christian Schumann, Counsel, Appellate Litigation, of counsel), Office of the Solicitor, U.S. Department of Labor, Arlington, VA, for Respondents Chao and Federal Mine Safety and Health Administration.

Thomas Stock, Federal Mine Safety and Health Commission, Washington, D.C., for Respondent Federal Mine Safety and Health Review Commission.

Before: FEINBERG, MESKILL, and CABRANES, Circuit Judges.

PER CURIAM.

The principal questions presented by this appeal are (1) whether, in enacting the Federal Mine Safety and Health Amendments Act of 1977 ("the Mine Act" or "the Act"), Pub. L. No. 95-164, 91 Stat. 1290, codified at 30 U.S.C. § 801 et seq., Congress intended to regulate mines like that operated by petitioner, the products of which are sold only to intrastate purchasers; and (2) if so, whether Congress has the authority under the Commerce Clause...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases