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Federal Mine Safety and Health Act (FMSHA)

National Mining Ass'n v. Secretary

The Eleventh Circuit denied the coal mining industry's petitions for review of a Mine Safety and Health Administration (MSHA) regulation aimed at reducing black lung disease and other respiratory illnesses in miners. The petitioners...

Power Fuels, LLC v. Federal Mine Safety & Health Review Comm'n

The Fourth Circuit held that a Virginia facility that stores and blends coal for a nearby power plant is subject to the Mine Safety and Health Administration's (MSHA's) jurisdiction under the Federal Mine Safety and Health Act of 1977....

Cumberland Coal Resources, LP v. Federal Mine Safety & Health Review Commission

The D.C. Circuit held that a mining company's failure to maintain adequate emergency lifelines in its mine's escapeways was a significant and substantial violation of the Federal Mine Safety and Health Act of 1977, thereby affirming the...

Performance Coal Co. v. Federal Mine Safety & Review Commission

The D.C. Circuit set aside an order of the Federal Mine Safety and Health Review Commission denying a mining company's...

National Mining Ass'n v. Mine Safety & Health Admin.

The D.C. Circuit denied industry groups’ petition for review of a Mine Safety and Health Administration (MSHA) decision to enforce a final exposure limit standard for exposure of miners in metal and non-metal underground mines to...

American Coal Co. v. Mine Safety & Health Admin.

A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused...

In re Howard

The Sixth Circuit dismissed a miner's petition for writ of mandamus directing the Secretary of Labor to promulgate lower limits for the mount of dust and silica allowed in the air in mines. The Federal Mine Safety and Health Act of 1977...

In re Int'l Union, United Mine Workers of Am.

The court denies a union's request to compel the U.S. Department of Labor to promulgate an emergency temporary standard to protect mine workers from exposure to respirable coal mine dust. The court first holds that the union failed to...

Cyprus Emerald Resources Corp. v. Federal Mine Safety & Health Review Comm'n

The court holds that the Federal Mine Safety and Health Act (FMSHA) did not authorize the Federal Mine Safety & Health Review Commission's (FMSHRC's) issuance of a significant and substantial finding to a mine for failure to comply...

United States v. WRW Corp.

The court holds three officers and directors of a dissolved corporation, all of whom have been criminally prosecuted and one of whom is bankrupt, personally liable for a civil penalty assessed against the corporation for violations of...