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NATIONAL MINING ASS'N v. MINE SAFETY AND HEALTH

No. 07-1026.

512 F.3d 696 (2008)

NATIONAL MINING ASSOCIATION, Petitioner v. MINE SAFETY AND HEALTH ADMINISTRATION and Secretary of Labor, Respondents. United Mine Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2008.

Attorney(s) appearing for the Case

Daniel W. Wolff argued the cause for petitioner. With him on the briefs were Thomas C. Means, Edward M. Green, and Harold P. Quinn, Jr.

Jerald S. Feingold, Attorney, U.S. Department of Labor, argued the cause for respondent. With him on the brief was W. Christian Schumann, Counsel, Mine Safety & Health Administration, Jack Powasnik, Counsel, entered an appearance.

Judith Rivlin and Grant Crandall were on the brief for intervenor.

Before: SENTELLE, RANDOLPH and KAVANAUGH, Circuit Judges.

RANDOLPH, Circuit Judge:

Two fatal accidents at West Virginia coal mines in January 2006 prompted the Mine Safety and Health Administration—MSHA—to adopt emergency safety measures. See 71 Fed.Reg. 12,252 (Mar. 9, 2006). MSHA, an agency within the Department of Labor, concluded that the West Virginia miners might have survived if there had been portable oxygen devices1 in the escapeways to protect them from toxic fumes...

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