Legal Opinion

D.A.S. Sand & Gravel, Inc. v. Chao

Court of Appeals for the Second Circuit

Decided May 26, 2004No. 03-40668Published

1Per curiam

The principal questions presented by this appeal are (1) whether, in enacting the Federal Mine Safety and Health Amendments Act of 1977 (“the Mine Act” or “the *311Act”), Pub.L. No. 95-164, 91 Stat. 1290, codified at 30 U.S.C. § 801 et seq., Congress intended to regulate mines like that operated by petitioner, the products of which are sold only to intrastate purchasers; and (2) if so, whether Congress has the authority under the Commerce Clause to regulate such mines.

BACKGROUND

The Mine Act charges the Secretary of Labor with promulgating mandatory safety and health standards for the nation’s…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Wickard v. FilburnSupreme Court of the United States · 1942
  3. Donovan v. DeweySupreme Court of the United States · 1981
  4. Jones v. United StatesSupreme Court of the United States · 2000
  5. Thunder Basin Coal Co. v. ReichSupreme Court of the United States · 1994

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