SECRETARY OF LABOR, MINE SAFETY v. NAT. CEMENT CO.

No. 06-1094.

494 F.3d 1066 (2007)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner v. NATIONAL CEMENT COMPANY OF CALIFORNIA, INC. and Federal Mine Safety and Health Review Commission, Respondents. Tejon Ranchcorp, Intervenor for Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2007.


Attorney(s) appearing for the Case

Robin A. Rosenbluth, Attorney, Mine Safety & Health Administration, argued the cause for petitioner. With her on the briefs was W. Christian Schumann, Counsel.

Margaret S. Lopez argued the cause for respondent. With her on the brief was Michael T. Heenan. John T. Sullivan and Thomas A. Stock, Attorneys, entered appearances.

Thomas C. Means was on brief for intervenor Tejon Ranchcorp in support of the respondent.

Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON.

Dissenting opinion filed by Circuit Judge ROGERS.

KAREN LECRAFT HENDERSON, Circuit Judge:

The Secretary of Labor (Secretary) petitions for review of a decision of the Federal Mine Safety and Health Review Commission (FMSHRC or Commission) which reversed the decision of the administrative law judge (ALJ). The ALJ upheld the jurisdiction of the Mine Safety and Health Administration (MSHA) to issue...

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