PEABODY MIDWEST MINING v. SECRETARY OF LABOR, MSHA

No. 22-1242.

70 F.4th 602 (2023)

PEABODY MIDWEST MINING, LLC and Michael Butler, Employed By Peabody Midwest Mining, LLC, Petitioners v. SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA) and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2023.


Attorney(s) appearing for the Case

R. Henry Moore argued the cause and filed the briefs for petitioners. Patrick W. Dennison entered an appearance.

Susannah M. Maltz , Attorney, U.S. Department of Labor, argued the cause for respondents. With her on the brief was Emily Toler Scott , Counsel for Appellate Litigation.

Before: Pillard, Katsas and Rao, Circuit Judges.


In the early morning hours on July 23, 2018, drillers at the Francisco underground coal mine hit a pocket of gases, causing methane to blast into their worksite in highly volatile concentrations. Methane is considered the most dangerous gas in underground mining; in sufficient concentrations, methane can ignite and cause...

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