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United States DC Circuit


INT'L UNION, UNITED MINE WORKERS OF AM. v. US DEP'T OF LABOR, 02-1356

Defendant Mine Safety and Health Administration failed to provide an adequate explanation for its decision to withdraw its proposed Air Quality rule. Remanded so that it may either proceed with the Air Quality rulemaking or give a reasoned account of its decision not to do so.

Appellate Information

  • Argued 10/31/2003
  • Decided 02/20/2004
  • Published 02/20/2004

Judges

  • Before:  GINSBURG, Chief Judge, GARLAND, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Judith Rivlin argued the cause for petitioner.   With her on the brief was Grant Crandall.

  • For Appellees:
  • Ellen L. Beard, Senior Appellate Attorney, U.S. Department of Labor, argued the cause for respondents.   With her on the brief were Allen H. Feldman, Associate Solicitor of Labor, and Nathaniel I. Spiller, Deputy Associate Solicitor.  Mark S. Flynn, Attorney, entered an appearance.
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