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SECRETARY OF LABOR, MINE v. CONSOLIDATION COAL CO.

No. 17-1219.

895 F.3d 113 (2018)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner, v. CONSOLIDATION COAL COMPANY and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 2018.

Attorney(s) appearing for the Case

Emily C. Toler , Attorney, Department of Labor, Office of the Solicitor, argued the cause for petitioner. With her on the briefs was Ali A. Beydoun , Counsel, Appellate Litigation.

John T. Sullivan , Attorney, Mine Safety and Health Review Commission, entered an appearance.

Billy R. Shelton argued the cause and filed the brief for respondent.

Before: Srinivasan, Millett and Katsas, Circuit Judges.

After a rock extraction caused a roof to collapse in a mining tunnel where miners sometimes work, the Federal Mine Safety and Health Administration cited the Consolidation Coal Company for excavating an excess amount of rock from the tunnel, in violation of what the company's roof plan allowed. An administrative law judge...

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