Legal Opinion
Northshore Mining Company v. Secretary of Labor
Court of Appeals for the Eighth Circuit
Decided March 8, 2013No. 12-2249PublishedCited by 6 opinions
1Opinion of the Court
BEAM, Circuit Judge.
Northshore Mining Company (North-shore) petitions for review of a final decision of the Federal Mine Safety and Health Review Commission (Commission) affirming a citation by the Secretary of Labor’s Mine Safety and Health Administration (hereinafter Secretary or MSHA) charging a violation of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. § 801 et seq. Because we conclude that MSHA erred in relying upon 30 C.F.R. § 56.12016, we vacate the Commission’s decision and set aside the citation.
I. BACKGROUND
This case arises under the Mine Act, wherein the…
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