United States DC Circuit
Sec'y of Labor v. Nat'l Cement Co. of Cal., Inc., 06-1094
Petition for review of decision of respondent commission reversing ALJ, who had upheld the jurisdiction of petitioner to issue a citation to respondent company for failing to install guardrails or berms along a road it uses to access its cement processing plant pursuant to a nonexclusive right-of-way grant from its lessor, is vacated where the language of the statute relied upon, 30 U.S.C. section 802(h)(1), is ambiguous and the matter must be remanded for petitioner to interpret the statute's ambiguous language.
Appellate Information
- Argued 02/26/2007
- Decided 07/20/2007
- Published 07/20/2007
Judges
- Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Robin A. Rosenbluth, Attorney, Mine Safety & Health Administration, argued the cause for petitioner. With her on the briefs was W. Christian Schumann, Counsel.
- For Appellees:
- Margaret S. Lopez argued the cause for respondent. With her on the brief was Michael T. Heenan. John T. Sullivan and Thomas A. Stock, Attorneys, entered appearances., Thomas C. Means was on brief for intervenor Tejon Ranchcorp in support of the respondent.