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PRAIRIE STATE GENERATING CO. v. SECRETARY OF LABOR

No. 13-1315.

792 F.3d 82 (2015)

PRAIRIE STATE GENERATING COMPANY LLC, Petitioner v. SECRETARY OF LABOR and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2015.

Attorney(s) appearing for the Case

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

Edward Waldman , Attorney, Mine Safety & Health Administration, argued the cause for respondents. With him on the brief was W. Christian Schumann , Counsel. John T. Sullivan , Attorney, Federal Mine Safety and Health Review Commission, entered an appearance.

Opinion for the Court filed by Circuit Judge PILLARD.

Coal powers almost 40% of the electricity used in the United States. Despite enormous safety advances in recent decades, underground coal mining remains one of the handful of the nation's most dangerous jobs. Cave-ins, and dusts or gases that pose respiratory or explosion risks, are leading causes of harm to coal miners....

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