United States Sixth Circuit

In a petition for a writ of mandamus directing the Secretary of Labor to promulgate lower limits for the amount of dust and silica in the air in mines, the petition is dismissed where Petitioner failed to exhaust his administrative remedies under the Mine Act.

Appellate Information

• Decided 07/06/2009
• Published 07/06/2009

Judges

• Before:  GUY, ROGERS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen A. Sanders, Appalachian Citizens Law Center, Whitesburg, Kentucky, for Petitioner.  Edward Waldman, United States Department of Labor, Washington, D.C., for Respondent.   ON BRIEF:  Stephen A. Sanders, Appalachian Citizens Law Center, Whitesburg, Kentucky, Nathan J. Fetty, Appalachian Center for the Economy and the Environment, Buckhannon, West Virginia, for Petitioner.  Edward Waldman, United States Department of Labor, Washington, D.C., for Respondent.  Thomas C. Means, Daniel W. Wolff, Crowell & Moring LLP, Washington, D.C., for Amicus Curiae.