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PEABODY TWENTYMILE MINING v. SECRETARY OF LABOR

No. 17-9540.

931 F.3d 992 (2019)

PEABODY TWENTYMILE MINING, LLC, Petitioner, v. SECRETARY OF LABOR, and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

Filed July 18, 2019.

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 Toler Scott , 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 BRISCOE, BALDOCK, and EID, Circuit Judges.

Peabody Twentymile Mining, LLC ("Peabody Twentymile") operates the Foidel Creek Mine, a large underground coal mine in Colorado. The mine uses over one thousand ventilation stoppings to separate the fresh intake air from the air flowing out of the mine that has been circulated through...

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