United States DC Circuit

Petition for review challenging final rule requiring mine operators to place portable oxygen devices in escapeways of the mine and in a "hardened room" cache is denied over claims that: 1) respondent failed to give adequate notice of the hardened room option; 2) the MINER Act precluded respondent from promulgating the hardened room option; 3) the hardened room option is arbitrary and capricious as respondent did not sufficiently explain its decision; and 4) respondent failed to comply with the Regulatory Flexibility Act as it did not analyze the economic impact of the hardened room option.

Appellate Information

• Argued 11/13/2007
• Decided 01/11/2008
• Published 01/11/2008

Judges

• Before: SENTELLE, RANDOLPH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Daniel W. Wolff argued the cause for petitioner.   With him on the briefs were Thomas C. Means, Edward M. Green, and Harold P. Quinn, Jr., Judith Rivlin and Grant Crandall were on the brief for intervenor.


• For Appellees:
  
• Jerald S. Feingold, Attorney, U.S. Department of Labor, argued the cause for respondent.   With him on the brief was W. Christian Schumann, Counsel, Mine Safety & Health Administration.  Jack Powasnik, Counsel, entered an appearance.