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GMS MINE REPAIR v. FEDERAL MINE SAFETY AND HEALTH

No. 22-1143.

72 F.4th 1314 (2023)

GMS MINE REPAIR, Petitioner v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and Secretary of Labor, Mine Safety and Health Administration (MSHA), Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2023.

Attorney(s) appearing for the Case

James P. McHugh argued the cause for petitioner. With him on the briefs was Christopher D. Pence .

Robert S. Wilson , Attorney, U.S. Department of Labor, argued the cause for respondent Secretary of Labor. With him on the brief was Emily Toler Scott , Counsel for Appellate Litigation.

Before: Henderson, Millett and Childs, Circuit Judges.

In this petition for review, a mine operator and the Secretary of Labor dispute the meaning of a regulation that governs which safety and health violations are counted as part of an operator's history when that operator violates federal standards and must be assessed penalties. We conclude that the regulation at issue is ambiguous...

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