United States Fourth Circuit

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Power Fuels v. Federal Mine Safety and Health Review Commission, 14-1450

In this case, Power Fuels petitions for review of a final order of the Federal Mine Safety and Health Review Commission assigning jurisdiction over Power Fuels' coal facility to the Department of Labor's Mine Safety and Health Administration (MSHA) rather than the nonspecialized Occupational Safety and Health Administration. The petition for review is denied, where: 1) the Secretary of Labor permissibly concluded that a facility that blends coal for a nearby power plant was subject to the Federal Mine Safety and Health Act (the Mine Act); and 2) because the Mine Act covers this kind of activity, MSHA's assertion of jurisdiction was proper.

Appellate Information

  • Decided 01/27/2015
  • Published 01/27/2015

Judges

  • Wilkinson

Court

  • United States Fourth Circuit

Counsel

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