CANYON FUEL COMPANY, LLC v. SECRETARY OF LABOR

No. 17-9541.

894 F.3d 1279 (2018)

CANYON FUEL COMPANY, LLC, Petitioner, v. SECRETARY OF LABOR; Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Filed July 10, 2018.


Attorney(s) appearing for the Case

Ralph Henry Moore, II ( Patrick W. Dennison with him on the briefs), Jackson Kelly PLLC, Pittsburgh, Pennsylvania, for Petitioner.

Emily C. Toler , Attorney ( Nicholas C. Geale , Acting Solicitor of Labor; April E. Nelson , Associate Solicitor; and Ali A. Beydoun , Counsel, Appellate Litigation, with her on the brief), United States Department of Labor, Office of the Solicitor, Arlington, Virginia, for Respondents.

Before MATHESON, PHILLIPS, and McHUGH, Circuit Judges.


Canyon Fuel operates the Sufco Mine, a coal mine located in Sevier County, Utah. Under federal law, the mine must have two escapeways in the event of an emergency: a primary escapeway and an alternate escapeway. An inspector for the Mine Safety and Health Administration ("MSHA") cited Canyon Fuel for a violation of this mine...

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