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AMERICAN COAL CO. v. FMSHRC

No. 14-1206.

796 F.3d 18 (2015)

The AMERICAN COAL COMPANY, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Department of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 2015.

Attorney(s) appearing for the Case

Jason W. Hardin argued the cause for petitioner. On the briefs was Kevin N. Anderson.

Jerald S. Feingold , Attorney, Mine Safety & Health Administration, argued the cause for respondent. With him on the brief was W. Christian Schumann , Counsel. John T. Sullivan , Attorney, entered an appearance.

Before: BROWN, GRIFFITH, and PILLARD, Circuit Judges.

The American Coal Company was cited and fined for a from the Mine Safety and Health Administration observed patches of smoldering, smoking coal without visible flames. The Federal Mine Safety and Health Act of 1977 allows the issuance of safety orders and the imposition of citations and fines when a mine operator permits...

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