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United States DC Circuit


SEC'Y OF LABOR v. EXCEL MINING, LLC, 01-1335

The Secretary of Labor's methodology for assessing compliance with standards limiting miners' exposure to respirable coal dust was lawful under the Federal Mine Safety and Health Act of 1977.

Appellate Information

  • Argued 10/07/2002
  • Decided 07/08/2003
  • Published 07/08/2003

Judges

  • Before:  SENTELLE, ROGERS, and GARLAND, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Robin A. Rosenbluth, Attorney, U.S. Department of Labor, argued the cause for petitioner.   With her on the briefs was W. Christian Schumann, Counsel., Grant Crandall and Judith Ellen Rivlin were on the brief for amicus curiae United Mine Workers of America in support of petitioner.

  • For Appellees:
  • Timothy M. Biddle argued the cause for respondent Excel Mining, LLC.   With him on the brief were Thomas C. Means and Edward M. Green.
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