Legal Opinion

International Union, United Mine Workers of America v. Federal Mine Safety and Health Review Commission

Court of Appeals for the D.C. Circuit

Decided February 23, 1988No. 87-1136PublishedCited by 16 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Section 111 of the Federal Mine Safety and Health Act of 1977 (“Act” or “Mine Act”), 30 U.S.C. § 821 (1982), provides for limited payment of lost wages by a mine “operator” to miners idled when the Secretary of Labor (“Secretary”) orders a mine closed temporarily for safety reasons. The narrow issue of statutory construction presented by this case is whether the mine owner — concededly an “operator” within the meaning of the Act — escapes liability under section 111 by virtue of the Secretary’s…

2Cases cited9 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. National Labor Relations Board v. United Food & Commercial Workers Union, Local 23Supreme Court of the United States · 1987
  4. Bituminous Coal Operators' Ass'n v. Secretary of InteriorCourt of Appeals for the Fourth Circuit · 1977
  5. Association of Bituminous Contractors v. AndrusCourt of Appeals for the D.C. Circuit · 1978

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3Cited by16 opinions

  1. Secretary of Labor v. Twentymile Coal Co.Court of Appeals for the D.C. Circuit · 2006
  2. King Broadcasting Company v. Federal Communications Commission and the United States of AmericaCourt of Appeals for the D.C. Circuit · 1988
  3. Clinchfield Coal Company v. Federal Mine Safety and Health Review Commission, United Mine Workers of America, IntervenorCourt of Appeals for the D.C. Circuit · 1990
  4. Speed Mining, Inc. v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the Fourth Circuit · 2008
  5. Western Fuels-Utah, Inc. v. Federal Mine Safety & Health Review Commission and the Secretary of Labor, Mine Safety & Health AdministrationCourt of Appeals for the D.C. Circuit · 1989

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