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KNOX CREEK COAL CORP. v. SECRETARY OF LABOR, MSHA

No. 14-2313.

811 F.3d 148 (2016)

KNOX CREEK COAL CORPORATION, Petitioner, v. SECRETARY OF LABOR, Mine Safety and Health Administration; Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 21, 2016.

Attorney(s) appearing for the Case

ARGUED: Mark Evan Heath , Spilman Thomas & Battle, PLLC, Charleston, West Virginia, for Petitioner. Philip Edwin Mayor , United States Department of Labor, Arlington, Virginia, for Respondent. ON BRIEF: Alexander Macia , Spilman Thomas & Battle, PLLC, Charleston, West Virginia, for Petitioner. M. Patricia Smith , Solicitor of Labor, Heidi W. Strassler , Associate Solicitor, W. Christian Schumann , Office of the Solicitor, United States Department of Labor, Arlington, Virginia, for Respondent Secretary of Labor.

Petition for review denied by published opinion. Judge WYNN wrote the opinion, in which Judge MOTZ and Senior Judge DAVIS joined.

The Federal Mine Safety and Health Review Commission (the "Commission") determined that four uncontested violations of the Federal Mine Safety and Health Act of 1977 (the "Mine Act") by Knox Creek Coal Corporation ("Knox Creek") were "significant and substantial" under 30 U.S.C. § 814(d)(1). Three violations were so-called...

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