United States DC Circuit
Sec'y. of Labor v. Nat'l. Cement Co. of Cal., 08-1312
In the Secretary of Labor's petition for review of a Federal Mine Safety and Health Review Commission decision that the Secretary lacked jurisdiction to regulate a private road operated by respondents, the petition is granted where the Secretary reasonably concluded that the road fell within the definition of "mine" in the Federal Mine Safety and Health Act of 1977.
Appellate Information
- Argued 05/12/2009
- Decided 07/21/2009
- Published 07/21/2009
Judges
- GRIFFITH, Circuit Judge., Before: TATEL, GARLAND, and GRIFFITH, 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 were Carol A. De Deo, Deputy Solicitor, and W. Christian Schumann, Counsel.
- For Appellees:
- Margaret Lopez argued the cause for respondent National Cement Company of California, Inc. With her on the brief was Michael T. Heenan., Daniel W. Wolff argued the cause for respondent Tejon Ranchcorp. With him on the brief was Thomas C. Means.