United States DC Circuit
Int'l. Union, United Mine Wkrs. of Am. v. Mine Safety & Health Admin., 09-1014
In a petition for review of the Secretary of Labor's rules on Refuge Alternatives for Underground Coal Mines, the petition is granted in part where the miner training requirements at issue were arbitrary and capricious because the Mine Safety and Health Administration (MSHA) failed to explain the basis for them other than to state it relied upon its "knowledge and expertise." However, the petition is denied in part where the MSHA gave interested parties sufficient notice and opportunity for comment on the provision on minimum refuge volume per miner.
Appellate Information
- Decided 10/26/2010
- Published 10/26/2010
Judges
Court
- United States DC Circuit
Counsel
- For Appellant:
- Arthur Traynor, Edward Waldman