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INTERNATIONAL UNION v. DEPARTMENT OF LABOR

No. 08-1147.

554 F.3d 150 (2009)

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Petitioner v. DEPARTMENT OF LABOR AND MINE SAFETY AND HEALTH ADMINISTRATION, Respondents. National Mining Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 2009.

Attorney(s) appearing for the Case

Judith Rivlin argued the cause for petitioner. With her on the briefs was Grant Crandall.

Edward Waldman, Attorney, Mine Safety & Health Administration, argued the cause for respondents. With him on the brief was W. Christian Schumann, Counsel. Robin A. Rosenbluth, Attorney, entered an appearance.

Henry Chajet and Harold P. Quinn were on the brief for intervenor.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

In 2006, Congress passed the MINER Act with the purpose of improving mine safety. Pub.L. No. 109-236, 120 Stat. 493. Section 4 of the Act requires the Secretary of Labor to issue certain regulations concerning mine rescue teams. 30 U.S.C. § 825(e)(2). The petitioner, United Mine Workers of America, challenges several provisions of the final rule that the Mine Safety and Health Administration ("MSHA") issued pursuant to Section...

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