United States Eleventh Circuit

In an Administrative Procedure Act challenge to a Procedure Instruction Letter (PIL) promulgated by the Secretary of Labor's Mine Safety and Health Administration, plaintiffs' appeal is dismissed where, given that the whole context of the PIL was in a subject area controlled by individual case-by-case discretion, the PIL was a general statement of policy and, by its very nature, not a binding rule.

Appellate Information

• Decided 12/15/2009
• Published 12/15/2009

Judges

• BIRCH, Circuit Judge:, Before DUBINA, Chief Judge, and BIRCH and SILER, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas C. Means, Daniel W. Wolff, Edward M. Green, Crowell & Moring, LLP, Washington, DC, for Petitioners.


• For Appellees:
  
• Jerald S. Feingold, W. Christian Schumann, U.S. Dept. of Labor, Office of Sol., Arlington, VA, for Respondents.