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PERFORMANCE COAL v. FEDERAL MINE AND HEALTH REV.

No. 10-1280.

642 F.3d 234 (2011)

PERFORMANCE COAL COMPANY, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2011.

Attorney(s) appearing for the Case

Patrick J. Slevin argued the cause for petitioner. With him on the briefs were Peter S. Gould , Robert D. Luskin , and Benjamin D. Wood.

Edward Waldman , Attorney, U.S. Department of Labor, argued the cause for respondent. With him on the brief was W. Christian Schumann , Counsel. John T. Sullivan , Attorney, Mine Safety and Health Review Commission, entered an appearance.

Before: SENTELLE, Chief Judge, GINSBURG and BROWN, Circuit Judges.

BROWN, Circuit Judge:

Pursuant to § 105(b)(2) of the Federal Mine Safety and Health Act of 1977 ("the Mine Act"), 30 U.S.C. § 815(b)(2), Performance Coal Company ("Performance Coal") petitioned the Federal Mine Safety and Health Review Commission ("the Commission") for temporary relief from restrictions the Mine Safety and Health Administration ("MSHA") imposed on it. The Commission denied that relief. But we grant Performance Coal's petition for review...

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