United States DC Circuit

The Federal Mine Safety and Health Review Commission is generally without authority to review the Secretary of Labor's discretionary decisions regarding whether to cite owner-operators, their independent contractors, or both for safety violations committed by the independent contractors, although such decisions are not wholly immune from review.

Appellate Information

• Argued 02/14/2006
• Decided 07/07/2006
• Published 07/07/2006

Judges

• Before:  RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jack Powasnik, Attorney, U.S. Department of Labor, argued the cause for petitioner.   With him on the briefs was W. Christian Schumann.


• For Appellees:
  
• Ralph Henry Moore II argued the cause for respondent Twentymile Coal Company.   With him on the brief was Karen L. Johnston.