NATIONAL MIN. ASS'N v. SECRETARY OF LABOR

No. 08-14309.

589 F.3d 1368 (2009)

NATIONAL MINING ASSOCIATION, Alabama Coal Association, Petitioners, v. SECRETARY OF LABOR, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Eleventh Circuit.

December 15, 2009.


Attorney(s) appearing for the Case

Thomas C. Means, Daniel W. Wolff, Edward M. Green, Crowell & Moring, LLP, Washington, DC, for Petitioners.

Jerald S. Feingold, W. Christian Schumann, U.S. Dept. of Labor, Office of Sol., Arlington, VA, for Respondents.

Before DUBINA, Chief Judge, and BIRCH and SILER, Circuit Judges.


BIRCH, Circuit Judge:

The National Mining Association and Alabama Coal Association (together "NMA") dispute Procedure Instruction Letter I08-V-03 ("PIL") promulgated by the Secretary of Labor's Mine Safety and Health Administration ("MSHA"). NMA challenges the PIL on substantive and procedural grounds. After careful review, we find the PIL to be a general statement of policy and DISMISS for lack of subject-matter jurisdiction.

I. BACKGROUND

The Federal...

Let's get started

Leagle.com

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