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SOLIS v. FREEDOM ENERGY MIN. CO.

Civil Action No. 10-132-ART.

756 F.Supp.2d 835 (2010)

Hilda L. SOLIS, Secretary of Labor, United States Department of Labor, Plaintiff, v. FREEDOM ENERGY MINING CO., and Sidney Coal Co., Inc., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

December 22, 2010.

Attorney(s) appearing for the Case

Heidi W. Strassler , Mary Sue Taylor , U.S. Department of Labor, Nashville, TN, Joshua P. Falk , Keith E. Bell , Thomas A. Paige , U.S. Department of Labor, Arlington, VA, for Plaintiff.

Charles J. Baird , David L. Baird , Baird & Baird, PSC, Pikeville, KY, Daniel W. Wolff , Thomas C. Means , Timothy M. Biddle , Crowell & Moring, LLP, Washington, DC, for Defendants.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

"Whenever," the statute says. "Whenever" the Secretary "believes" that a mine operator is engaged in a "pattern of violation" of safety standards—a pattern that, in her "judgment," constitutes a "hazard to the health or safety of miners"—she may come to court for relief. 30 U.S.C. § 818(a)(2) (emphasis added); see also Appendix

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