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NORANDA ALUMINA, L.L.C. v. PEREZ

No. 16-60049.

841 F.3d 661 (2016)

NORANDA ALUMINA, L.L.C., Petitioner, v. Thomas E. PEREZ, Secretary, Department of Labor; Federal Mine Safety & Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

Filed November 8, 2016.

Attorney(s) appearing for the Case

Avidan Meyerstein , Jackson Lewis P.C., Henry Chajet , Roy Brian Hendrix, Esq. , Husch Blackwell, L.L.P., Washington, DC, Jillian R. Orticelli, Esq. , Jackson Lewis, P.C., Hartford, CT, for Petitioner.

Elizabeth Johnston , Walter Christian Schumann, Esq. , Counsel, Walter Christian Schumann, Esq. , Counsel, U.S. Department of Labor, Office of the Solicitor, Mine Safety & Health Division, Arlington, VA, Michael A. McCord , John Thomas Sullivan , Federal Mine Safety & Health Review Commission, Office of General Counsel, Washington, DC, for Respondent.

Before CLEMENT, PRADO, and OWEN, Circuit Judges.

This is a petition for review of an order of the Federal Mine Safety & Health Review Commission ("FMSHRC" or "the Commission") denying a motion to reopen. Because the Commission applied its precedents arbitrarily in denying this motion to reopen, we GRANT the petition for review and REMAND for further proceedings...

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