United States DC Circuit

Union's petition for a writ of mandamus to compel Mine Safety and Health Administration (MSHA) to promulgate emergency temporary standard, or engage in rulemaking to protect miners from respirable coal mine dust, was rendered moot by MSHA's publication of proposed rules.

Appellate Information

• Argued 10/24/2000
• Decided 11/17/2000
• Published 11/17/2000

Judges

• Before:  EDWARDS, Chief Judge, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Judith Rivlin argued the cause for petitioner.   With her on the brief was Grant Crandall., Michael F. Duffy was on the brief for intervenor National Mining Association.


• For Appellees:
  
• Robin A. Rosenbluth, Attorney, United States Department of Labor, argued the cause for respondent.   With her on the brief was W. Christian Schumann, Counsel.