Legal Opinion

National Independent Coal Operator's Association v. Rogers C. B. Morton (Secretary of the Interior of the United States)

Court of Appeals for the D.C. Circuit

Decided April 24, 1974No. 73-1678PublishedCited by 6 opinions

1Opinion of the Court

MacKINNON, Circuit Judge:

Under the Federal Coal Mine Health and Safety Act of 1969 1 the Secretary of the Interior is charged with enforcing mandatory health and safety standards in the nation’s coal mines. Pursuant to this authority the Secretary may assess civil penalties against operators of coal mines in which health and safety violations occur. 2 The present action challenges the procedures adopted by the Secretary to assess these penalties.

Plaintiffs, an association of coal mine operators and various individual coal mine operators, seek an injunction and declaratory relief on the ground…

2Cases cited8 opinions

  1. Weinberger v. Hynson, Westcott & Dunning, Inc.Supreme Court of the United States · 1973
  2. United States v. Storer Broadcasting Co.Supreme Court of the United States · 1956
  3. Federal Power Commission v. Texaco Inc.Supreme Court of the United States · 1964
  4. Automotive Parts & Accessories Ass'n v. BoydCourt of Appeals for the D.C. Circuit · 1968
  5. Denver Union Stock Yard Co. v. Producers Livestock Marketing Ass'nSupreme Court of the United States · 1958

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3Cited by6 opinions

  1. National Independent Coal Operators' Assn. v. KleppeSupreme Court of the United States · 1976
  2. United Mine Workers of America v. Cecil D. Andrus, Secretary of the Interior, Carbon Fuel Co., IntervenorCourt of Appeals for the D.C. Circuit · 1978
  3. United States v. Eureka Pipeline CompanyDistrict Court, N.D. West Virginia · 1975
  4. KLEPPE, SECRETARY OF THE INTERIOR v. DELTA MINING, INC., Et Al.Supreme Court of the United States · 1976
  5. Rogers C. B. Morton, Secretary of Interior, United States Dept. Of Interior v. Delta Mining, Inc. Rogers C. B. Morton, Secretary of the Interior, United States Department Ofthe Interior v. G.M.W. Coal Company, Inc. Rogers C. B. Morton, Secretary of Interior, United States Dept. Of Theinterior v. Edward Mears Appeal of United States of America, in Nos. 73-1752-73-1753, 73-1848Court of Appeals for the Third Circuit · 1974

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