United States DC Circuit

In a petition for review of the Mine Safety and Health Administration's (MSHA's) decision to enforce a final exposure limit standard addressing health risks presented by exposure of miners in metal and nonmetal underground mines to diesel particulate matter (DPM) in diesel exhaust, the petition is denied where: 1) there was no inconsistency between MSHA's earlier position that it could enforce the DPM standard of 160 TC and its statement in 2006 that to enforce the standard it needed "to validate a TC sample result, which cannot be done without an appropriate conversion factor for EC at that level"; 2) an agency did not enact a new rule when a transition rule expires or when the agency decided not to modify a rule, states that additional study is needed, or concludes that no new transition rule is needed; and 3) only Department of Labor entities could be proper respondents to a petition filed pursuant to the Mine Act.

Appellate Information

• Decided 03/22/2010
• Published 03/22/2010

Judges

Court

• United States DC Circuit

Counsel