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IN RE HOWARD

No. 08-5799.

570 F.3d 752 (2009)

In re Scott HOWARD, Petitioner. Hilda S. Solis, Secretary, United States Department of Labor, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 6, 2009.

Attorney(s) appearing for the Case

ARGUED: Stephen A. Sanders, Appalachian Citizens Law Center, Whitesburg, Kentucky, for Petitioner. Edward Waldman, United States Department of Labor, Washington, D.C., for Respondent. ON BRIEF: Stephen A. Sanders, Appalachian Citizens Law Center, Whitesburg, Kentucky, Nathan J. Fetty, Appalachian Center for the Economy and the Environment, Buckhannon, West Virginia, for Petitioner. Edward Waldman, United States Department of Labor, Washington, D.C., for Respondent. Thomas C. Means, Daniel W. Wolff, Crowell & Moring LLP, Washington, D.C., for Amicus Curiae.

Before: GUY, ROGERS, and GRIFFIN, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Petitioner Scott Howard, a miner, seeks a writ of mandamus from this court directing the Secretary of Labor to promulgate lower limits for the amount of dust and silica in the air in mines. The Federal Mine Safety and Health Act of 1977 authorizes the Secretary to promulgate mandatory air quality standards for U.S. mines. The Secretary has not promulgated new standards for dust and...

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