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POWER FUELS v. FED. MINE SAFETY & HEALTH REVIEW

No. 14-1450.

777 F.3d 214 (2015)

POWER FUELS, LLC, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary of Labor, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2015.

Attorney(s) appearing for the Case

ARGUED: Wade Wallihan Massie , Penn, Stuart & Eskridge, Abingdon, Virginia, for Petitioner. Tamara Yael Hoflejzer Burnett , United States Department of Labor, Arlington, Virginia, for Respondents. ON BRIEF: Seth M. Land , Penn, Stuart & Eskridge, Abingdon, Virginia, for Petitioner. M. Patricia Smith , Solicitor of Labor, Heidi W. Strassler , Associate Solicitor, W. Christian Schumann , Appellate Litigation, Sara L. Johnson , United States Department of Labor, Washington, D.C., for Respondents.

Petition for review denied by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.

Power Fuels, LLC, petitions for review of a final order of the Federal Mine Safety and Health Review Commission. Power Fuels operates a facility that receives, blends, stores, and delivers coal to meet the specifications of a power plant located across the road. The Department of Labor's Mine Safety and Health Administration...

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