Secretary of Labor, Mine Safety and Health Administration v. Federal Mine Safety and Health Review Commission and Jim Walter Resources, Inc.

TATEL, Circuit Judge.

Under the Federal Mine Safety and Health Act, violations of mine safety and health standards that contribute “significantly and substantially” to a coal mine hazard and that result from an “unwarrantable failure” of the mine operator to comply with applicable standards may lead to orders requiring mine operators to remove workers from unsafe areas. In this case, the Secretary of Labor petitions for review of a Federal Mine Safety and Health Review Commission decision holding that, in making “significantly and substantially” and “unwarrantable failure” determinations, mine…