Kanawha Coal Company v. Cecil D. Andrus, Secretary of the Interior, and United Mine Workers of America, Intervenor-Respondent

On April 30, 1973, the Mining Enforcement and Safety Administration (MESA), acting pursuant to 30 U.S.C. § 814(b), 1 issued a notice of violation to Kanawha Coal Company, citing it for excessive noise at its Madison Preparation Plant. See 30 C.F.R. 71.300. After conditionally approving the Company’s plan to abate the violation through the use of engineering controls, 2 MESA issued several amended notices extending the deadline of the original notice for abating the violation. On March 19, 1975, the Company filed an application for administrative review of the amended notice of February 18,…