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BLACK BEAUTY COAL v. FED. MINE SAFETY REVIEW COM'N

No. 11-1306.

703 F.3d 553 (2012)

BLACK BEAUTY 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 December 28, 2012.

Attorney(s) appearing for the Case

Ralph Henry Moore argued the cause for the petitioner. Patrick W. Dennison was on brief.

Cheryl C. Blair-Kijewski , Attorney, United States Department of Labor, argued the cause for the respondent. W. Christian Schumann , Counsel, was on brief. John T. Sullivan , Attorney, Federal Mine Safety and Health Review Commission, entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Petitioner Black Beauty Coal Company (Black Beauty) petitions for review of an order of the Federal Mine Safety and Health Review Commission (FMSHRC) adopting the findings of its administrative law judge (ALJ) that: (1) Black Beauty violated 30 C.F.R. § 75.400, which prohibits the accumulation of coal and combustible materials in certain areas of a coal mine; (2) the violation was an unwarrantable failure to comply with...

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