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Kennecott Greens Creek Mining Co. v. Mine Safety & Health Admin.

ELR Citation: 37 ELR 20043
Nos. No. 01-1046, (D.C. Cir., 02/09/2007)

The court denied mining industry groups' and mine operators' petitions for review of three Mine Safety and Health Administration (MSHA) rules regulating diesel particulate matter (DPM) in underground mines. The court rejected the petitioners' claim that the MSHA did not have sufficient evidence that DPM presents a risk to miners' health. Also without merit were the petitioners' claims that the MSHA unreasonably chose to regulate other substances as surrogates for DPM; that DPM exposure limits in the new rules cannot feasibly be achieved by mine operators, that the MSHA unlawfully granted medical evaluation and transfer rights to workers who are required to wear respirators, and that the MSHA's final implementation timetable was not a logical outgrowth of the proposed rules.