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SECRETARY OF LABOR v. KC TRANSPORT, INC.

No. 22-1071.

77 F.4th 1022 (2023)

SECRETARY OF LABOR, Mine Safety and Health Administration, Petitioner, v. KC TRANSPORT, INC. and Federal Mine Safety and Health Review Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2023.

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 was Emily Toler Scott , Counsel for Appellate Litigation.

James P. McHugh argued the cause for respondent KC Transport, Inc. With him on the brief was Christopher D. Pence . Thaddeus Jason Riley entered an appearance.

Before: Wilkins, Walker, and Pan, Circuit Judges.

Congress affirmed the importance of regulating effective health and safety standards within the mining industry when it enacted the 1977 Federal Mine Safety and Health Amendments Act ("Mine Act"), Pub. L. No. 95-164, 91 Stat. 1290 (1977) (codified as amended at 30 U.S.C. § 801 et seq.). This dispute does not concern...

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