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NATIONAL MIN. ASS'N v. MINE SAFETY AND HEALTH

Nos. 08-1241, 09-1087.

599 F.3d 662 (2010)

NATIONAL MINING ASSOCIATION, Petitioner v. MINE SAFETY AND HEALTH ADMINISTRATION and Secretary of Labor, Respondents United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 2010.

Attorney(s) appearing for the Case

Daniel W. Wolff argued the cause for petitioner National Mining Association. With him on the briefs were Thomas C. Means and Edward M. Green.

Henry Chajet argued the cause and filed the briefs for petitioner Methane Awareness Resources Group.

Edward D. Sieger, Senior Appellate Attorney, U.S. Department of Labor, argued the cause for respondents the Secretary of Labor and Mine Safety and Health Administration. With him on the brief were Deborah Greenfield, Acting Deputy Solicitor of Labor, and W. Christian Schumann, Counsel.

Benjamin M. Shultz, Attorney, U.S. Department of Justice, argued the cause for respondents Secretary of Health and Human Services and National Institute for Occupational Safety and Health. With him on the brief was Mark B. Stern, Attorney. Dana J. Martin, Attorney, entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The National Mining Association ("NMA") and the Methane Awareness Resources Group ("MARG") (hereinafter, together "industry") petition for review of the Mine Safety and Health Administration's ("MSHA's") decision to enforce a final exposure limit standard addressing health risks presented by exposure of miners in metal and nonmetal underground mines to diesel particulate matter ("DPM") in diesel exhaust. The decision, announced May 20, 2008...

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