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SECRETARY OF LABOR v. NATIONAL CEMENT CO.

No. 08-1312.

573 F.3d 788 (2009)

SECRETARY OF LABOR, Mine Safety and Health Administration, Petitioner v. NATIONAL CEMENT COMPANY OF CALIFORNIA, INC., et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 2009.

Attorney(s) appearing for the Case

Robin A. Rosenbluth, Attorney, Mine Safety & Health Administration, argued the cause for petitioner. With her on the briefs were Carol A. De Deo, Deputy Solicitor, and W. Christian Schumann, Counsel.

Margaret Lopez argued the cause for respondent National Cement Company of California, Inc. With her on the brief was Michael T. Heenan.

Daniel W. Wolff argued the cause for respondent Tejon Ranchcorp. With him on the brief was Thomas C. Means.

Before: TATEL, GARLAND, and GRIFFITH, Circuit Judges.

GRIFFITH, Circuit Judge.

The Secretary of Labor, acting through the Mine Safety and Health Administration, cited the National Cement Company of California for its failure to install guardrails along a private road leading to its cement plant. The question before us is whether MSHA has jurisdiction over the road. The answer depends on whether the road falls within the definition of "mine" in the Federal Mine Safety and Health Act of 1977 (Mine Act), Pub.L. No. 95-164...

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