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CONSOL PENNSYLVANIA COAL v. FEDERAL MINE SAFETY

No. 18-3078.

941 F.3d 95 (2019)

CONSOL PENNSYLVANIA COAL COMPANY, LLC, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION; Secretary United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 22, 2019.

Attorney(s) appearing for the Case

James P. McHugh [ARGUED], Christopher D. Pence , Hardy Pence, 500 Lee Street — Ste. 701, Charleston, WV 25329, Counsel for Petitioner.

Ali A. Beydoun , Cheryl C. Blair-Kijewski [ARGUED], April E. Nelson , Kate S. O'Scannlain , United States Department of Labor, Office of the Solicitor, 201 12th Street South — Ste. 401, Arlington, VA 22202, John T. Sullivan , Federal Mine Safety and Health, Review Commission, 1331 Pennsylvania Avenue, N.W. — Ste. 520N, Washington, DC 20004, Counsel for Respondents.

Before: JORDAN, BIBAS, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

As with many other things, when it comes to mining, it is far better to be safe than sorry. To monitor and encourage safety, Congress and the Mine Safety and Health Administration ("MSHA") require that mine operators notify MSHA within 15 minutes after...

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