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CUMBERLAND COAL RESOURCES v. FEDERAL MINE SAFETY

No. 11-1464.

717 F.3d 1020 (2013)

CUMBERLAND COAL RESOURCES, LP, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents United Mine Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2013.

Attorney(s) appearing for the Case

Ralph Henry Moore II argued the cause for petitioner. With him on the briefs was Patrick W. Dennison .

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

Judith Rivlin and Arthur Traynor were on the brief for intervenor United Mine Workers of America in support of respondent.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge.

This case comes before us on a petition for review of the Federal Mine Safety and Health Review Commission's determination that Cumberland Coal Resources, LP's failure to maintain adequate emergency lifelines in its mine's escapeways was a significant and substantial violation of the Federal Mine Safety and Health Act of 1977 ("Mine Act"), 30 U.S.C. § 814(d)(1). Cumberland argues that the Commission applied the wrong standard when...

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