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SECRETARY OF LABOR, MINE SAFETY v. M-CLASS MINING

No. 20-1369.

1 F.4th 16 (2021)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner v. M-CLASS MINING, LLC and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2021.

Attorney(s) appearing for the Case

Susannah M. Maltz, Attorney, U.S. Department of Labor, argued the cause for petitioner. With her on the briefs were Emily Toler Scott, Acting Counsel for Appellate Litigation, and Archith Ramkumar, Counsel for Appellate Litigation.

Justin K. Chandler argued the cause for respondent M-Class Mining, LLC. With him on the briefs was Christopher D. Pence.

Before: Henderson and Rogers, Circuit Judges, and Randolph, Senior Circuit Judge.

The United States Secretary of Labor (Secretary) petitions for review of its Federal Mine Safety and Health Review Commission's (Commission or FMSHRC) vacatur of an order (Order) issued pursuant to section 103(k) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. §§ 801 et...

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