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CACTUS CANYON v. FED. MINE SAFETY & HEALTH REVIEW

No. 14-1260.

820 F.3d 12 (2016)

CACTUS CANYON QUARRIES, INC., Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 2016.

Attorney(s) appearing for the Case

Andy Carson was on the brief for petitioner.

Philip Mayor , Attorney, and W. Christian Schumann , Counsel, U.S. Department of Labor, were on the brief for respondents. John T. Sullivan , Attorney, Mine Safety and Health Review Commission, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

Petitioner Cactus Canyon Quarries, Inc. ("Cactus Canyon") operates a surface non-coal mine that is required to comply with safety and health standards promulgated by the Secretary of Labor under the Federal Mine Safety and Health Act of 1977 (the "Mine Act"), 30 U.S.C. § 801 et seq. In May 2013, a mine...

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