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SECRETARY OF LABOR v. TWENTYMILE COAL CO.

No. 05-1124.

456 F.3d 151 (2006)

SECRETARY OF LABOR, Petitioner v. TWENTYMILE COAL COMPANY and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2006.

Attorney(s) appearing for the Case

Jack Powasnik, Attorney, U.S. Department of Labor, argued the cause for petitioner. With him on the briefs was W. Christian Schumann.

Ralph Henry Moore II argued the cause for respondent Twentymile Coal Company. With him on the brief was Karen L. Johnston.

Before: RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

This case represents the first time in more than twenty years1 that the Federal Mine Safety and Health Review Commission has overturned a decision by the Secretary of Labor to cite the owner-operator of a mine, as well as its independent contractor, for safety violations committed by the contractor. This court...

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