Legal Opinion
National Mining Ass'n v. Secretary of Labor
Court of Appeals for the Eleventh Circuit
Decided December 15, 2009No. 08-14309PublishedCited by 4 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
The National Mining Association and Alabama Coal Association (together “NMA”) dispute Procedure Instruction Letter I08-V-03 (“PIL”) promulgated by the Secretary of Labor’s Mine Safety and Health Administration (“MSHA”). NMA challenges the PIL on substantive and procedural grounds. After careful review, we find the PIL to be a general statement of policy and DISMISS for lack of subject-matter jurisdiction.
I. BACKGROUND
The Federal Coal Mine Health and Safety Act of 1969, redesignated the Federal Mine Safety and Health Act of 1977 (“Mine Act”), governs and regulates coal…
2Cases cited4 opinions
- Center for Auto Safety & Public Citizen, Inc. v. National Highway Traffic Safety AdministrationCourt of Appeals for the D.C. Circuit · 2006
- United Mine Workers of America, International Union v. Elizabeth H. Dole, in Her Capacity as Secretary of Labor, American Mining Congress, IntervenorCourt of Appeals for the D.C. Circuit · 1989
- Ryder Truck Lines, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1983
- National Mining Ass'n v. Secretary of LaborCourt of Appeals for the Eleventh Circuit · 1998
3Cited by4 opinions
- Prairie State Generating Com. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2015
- New Hope Power Co. v. United States Army Corps of EngineersDistrict Court, S.D. Florida · 2010
- Prairie State Generating Com. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2015
- State of Alabama v. U.S. Army Corps of EngineersDistrict Court, District of Columbia · 2023