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INTERNATIONAL UNION, MINE v. MINE SAFETY, HEAL.

Nos. 04-1164, 04-1165.

407 F.3d 1250 (2005)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner v. MINE SAFETY AND HEALTH ADMINISTRATION and Elaine Chao, Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 2005.

Attorney(s) appearing for the Case

Judith E. Rivlin argued the cause for petitioner International Union, United Mine Workers of America. With her on the briefs was Grant F. Crandall.

Guy W. Hensley argued the cause and filed the briefs for petitioner Jim Walter Resources, Inc.

Harold P. Quinn, Jr., Ralph H. Moore, Karen L. Johnston, and Trisha L. Culp were on the brief for amicus curiae National Mining Association in support of petitioner.

Jerald S. Feingold, Attorney, Mine Safety & Health Administration, argued the cause for respondents. With him on the brief was W. Christian Schumann, Counsel.

Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.

ROGERS, Circuit Judge.

Two petitions for review challenge the Secretary of Labor's promulgation of the final rule entitled "Underground Coal Mine Ventilation Safety Standards for the Use of a Belt Entry as an Intake Air Course to Ventilate Working Sections and Areas Where Mechanized Mining Equipment is Being Installed or Removed," 69 Fed.Reg. 17,480-530 (Apr. 2, 2004) (codified at 30 C.F.R. pt. 75) ("Belt Air Rule"). In...

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