Alexis M. Herman, Secretary of Labor Department of Labor v. Associated Electric Cooperative, Inc.

I agree that the district court had subject matter jurisdiction under § 818(a)(1)(C) but would join the Secretary of Labor and the district court in holding that Congress unambiguously conferred jurisdiction upon MSHA to ensure worker safety at coal-processing operations like *1084those present at Thomas Hill. Accordingly, I respectfully dissent.

Associated receives approximately 83,000 tons of coal each week from two mines located in the Powder River Basin of Wyoming. The coal from these mines is crushed before shipment to a size such that the largest pieces of coal will pass through a 2/£ inch…