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NATIONAL MIN. ASS'N v. SEC'Y, U.S. DEPT. OF LABOR

Nos. 14-11942, 14-12163.

812 F.3d 843 (2016)

NATIONAL MINING ASSOCIATION, Alabama Coal Association, Walter Energy, Inc., Warrior Investment Co., Inc., Petitioners, v. SECRETARY, U.S. DEPARTMENT OF LABOR, Mine Safety And Health Administration, Respondents. Murray Energy Corporation, American Energy Corporation, the Ohio Valley Coal Company, the American Coal Company, OhioAmerican Energy, Incorporated, UtahAmerican Energy, Incorporated, West Ridge Resources, Incorporated, KenAmerican Resources, Incorporated, Murray American Energy, Incorporated, the Harrison County Coal Company, the Marion County Coal Company, the Marshall County Coal Company, the Monongalia County Coal Company, the Ohio County Coal Company, Petitioners, v. Secretary of Labor, Mine Safety and Health Administration, Respondents.

United States Court of Appeals, Eleventh Circuit.

January 25, 2016.

Attorney(s) appearing for the Case

Henry Chajet , Avidan Meyerstein , Jackson Lewis, PC, Reston, VA, Collin O'Connor Udell , Jackson Lewis, PC, Hartford, CT, Edward M. Green , Thomas C. Means , Daniel W. Wolff , Crowell & Moring, LLP, Washington, DC, for Petitioners.

Edward Waldman , Samuel Charles Lord , U.S. Department of Labor Office of the Solicitor, Arlington, VA, for Respondents.

Before WILSON, FAY and RIPPLE, Circuit Judges.

TABLE OF CONTENTS

I. Background                                                              848

A. Summary of the New Dust Rule                                            848

B. Positions of the Parties                                                850

II. Legislative and Regulatory Context       ...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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