Legal Opinion
Secretary of Labor, Mine Safety & Health Administration v. National Cement Co. of California, Inc.
Court of Appeals for the D.C. Circuit
Decided July 20, 2007No. 06-1094PublishedCited by 28 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge HENDERSON.
Dissenting opinion filed by Circuit Judge ROGERS.
KAREN LECRAFT HENDERSON, Circuit Judge:
The Secretary of Labor (Secretary) petitions for review of a decision of the Federal Mine Safety and Health Review Commission (FMSHRC or Commission) which reversed the decision of the administrative law judge (ALJ). The ALJ upheld the jurisdiction of the Mine Safety and Health Administration (MSHA) to issue a citation to the National Cement Co. of California, Inc. (National Cement) for failing to install guardrails or berms along a road National Cement…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
- PDK Laboratories Inc. v. United States Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2004
- Commissioner v. BrownSupreme Court of the United States · 1965
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3Cited by28 opinions
- Arkansas Dairy Cooperative Ass'n v. United States Department of AgricultureCourt of Appeals for the D.C. Circuit · 2009
- Yusupov v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2008
- Humane Society of the United States v. Ryan Zinke (Lead)Court of Appeals for the D.C. Circuit · 2017
- Colorado River Cutthroat Trout v. SalazarDistrict Court, District of Columbia · 2012
- Humane Society of the United States v. KempthorneDistrict Court, District of Columbia · 2008
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