Legal Opinion
In Re Howard
Court of Appeals for the Sixth Circuit
Decided July 6, 2009No. 08-5799PublishedCited by 3 opinions
1Opinion of the Court
OPINION
ROGERS, Circuit Judge.
Petitioner Scott Howard, a miner, seeks a writ of mandamus from this court directing the Secretary of Labor to promulgate lower limits for the amount of dust and silica in the air in mines. The Federal Mine Safety and Health Act of 1977 authorizes the Secretary to promulgate mandatory air quality standards for U.S. mines. The Secretary has not promulgat ed new standards for dust and silica since 1980. Howard argues that the present standards are too high and that the Secretary has, therefore, violated her duty under the Mine Act to promulgate “improved” standards…
2Cases cited9 opinions
- Heckler v. ChaneySupreme Court of the United States · 1985
- McCarthy v. MadiganSupreme Court of the United States · 1992
- Norton v. Southern Utah Wilderness AllianceSupreme Court of the United States · 2004
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- Whitney National Bank in Jefferson Parish v. Bank of New Orleans & Trust Co.Supreme Court of the United States · 1965
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brandywine Explosives & Supply v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 2015
- Shearson v. HolderDistrict Court, N.D. Ohio · 2011
- Kushino v. Federal Aviation AdministrationDistrict Court, W.D. Kentucky · 2019