Secretary of Labor, Mine Safety & Health Administration v. National Cement Co. of California, Inc.

In issuing a citation to the National Cement Company of California for failing to install berms or guardrails along its access road, the Secretary of Labor relied on the jurisdiction of the Mine Safety and Health Administration under the plain text of the definition of a “mine” under section 3(h)(1)(B) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”), 30 U.S.C. § 801 et seq. Today, the court holds that the definition of “mine” is ambiguous and remands this case so that the Secretary may exercise discretion in interpreting her jurisdiction. But there is only one legitimate…