No. 07-2090.

528 F.3d 310 (2008)

SPEED MINING, INCORPORATED, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor; Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: June 11, 2008.

Attorney(s) appearing for the Case

ARGUED: Daniel William Wolff, Crowell & Moring, LLP, Washington, DC, for Petitioner. Robin Ann Rosenbluth, United States Department of Labor, Washington, DC, for Respondents. ON BRIEF: Timothy M. Biddle, Natalia R. Medley, Crowell & Moring, LLP, Washington, DC, for Petitioner. Gregory F. Jacob, Solicitor of Labor, Edward P. Clair, Associate Solicitor, W. Christian Schumann, Counsel, Appellate Litigation, United States Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge KISER joined.


WILKINSON, Circuit Judge:

Speed Mining, Inc. ("SMI"), an owner-operator of a coal mine in West Virginia, petitions for review of a final decision of the Federal Mine Safety and Health Review Commission. SMI argues that it was wrongly cited for violations committed by an independent contractor it had engaged, because the Secretary of Labor lacks the authority to cite an owner-operator for an independent contractor's violations. In the alternative...

Let's get started


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