United States DC Circuit

In a consolidated case involving rules regulating diesel particulate matter in underground mines, petitions for review of three rules are denied over claims that: 1) respondent did not have sufficient evidence that DPM presents a risk to miners' health; 2) respondent unreasonably chose to regulate other substances as surrogates for DPM; 3) DPM exposure limits in the new rules cannot feasibly be achieved by mine operators; 4) respondent unlawfully granted medical evaluation and transfer rights to workers who are required to wear respirators; and 5) respondent's final implementation timetable was not a logical outgrowth of the proposed rules.

Appellate Information

• Argued 01/09/2007
• Decided 02/09/2007
• Published 02/09/2007

Judges

• Before:  GINSBURG, Chief Judge;  SENTELLE, Circuit Judge;  and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Henry Chajet and Thomas C. Means argued the causes for petitioners.   With them on the briefs were Edward M. Green, David Farber, Harold P. Quinn, Jr., Laura E. Beverage, John K. McDonald, Michael T. Heenan, Margaret S. Lopez, and William K. Doran.  Kurt E. Blase entered an appearance., Daniel M. Kovalik and Randy S. Rabinowitz were on the brief for intervenor United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.


• For Appellees:
  
• Edward D. Sieger, Senior Appellate Attorney, U.S. Department of Labor, argued the cause for respondent.   With him on the brief was Nathaniel I. Spiller, Assistant Deputy Solicitor.  Allen H. Feldman, Attorney, entered an appearance.