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UNITED MINE WORKERS v. MINE SAFETY & HEALTH ADMIN.

No. 09-1014.

626 F.3d 84 (2010)

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

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 2010.

Attorney(s) appearing for the Case

Arthur Traynor argued the cause for petitioner. With him on the briefs were Grant Crandall and Judith Rivlin.

Edward Waldman , Attorney, U.S. Department of Labor, argued the cause for respondents. With him on the brief was W. Christian Schumann , Counsel.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Congress has addressed the problems of miner safety on various occasions, the questions here arising with respect to the Secretary of Labor's response to Congress' focus on refuge alternatives for underground coal mines. The International Union, United Mine Workers of America ("UMWA") petitions for review of the Refuge Alternatives for Underground Coal Mines, 73 Fed.Reg. 80,656 (Dec. 31, 2008) (codified at 30 C.F.R. pts. 7, 75) ("Final Rule...

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