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SEC'Y OF LABOR, MSHA v. WESTFALL AGGREGATE

No. 22-1088.

64 F.4th 315 (2023)

SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, Petitioner v. WESTFALL AGGREGATE & MATERIALS, INC. and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 2023.

Attorney(s) appearing for the Case

Emily Toler Scott, Counsel for Appellate Litigation, U.S. Department of Labor, and Jennifer A. Ledig, Attorney, were on the briefs for petitioner.

Cary W. Purcell was on the brief for respondents.

Before: Pillard and Pan, Circuit Judges, and Edwards, Senior Circuit Judge.

The Mine Safety and Health Administration ("MSHA") is an agency within the Department of Labor whose mission is to administer the provisions of the Federal Mine Safety and Health Act ("Mine Act"), 30 U.S.C. § 801 et seq. The Mine Act authorizes the Secretary of Labor ("Secretary"),

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