Legal Opinion

Rns Services, Inc. v. Secretary of Labor, Mine Safety and Health Administration (Msha), and Federal Mine Safety and Health Review Commission

Court of Appeals for the Third Circuit

Decided May 29, 1997No. 96-3245PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

COWEN, Circuit Judge.

RNS Services, Inc. (“RNS”) petitions for review of an order of the Federal Mine Safety and Health Review Commission (“the Commission”). While not contesting the merits of the Commission’s decision, RNS claims that the Federal Mine Safety and Health Administration (“MSHA”) lacks jurisdiction over its No. 15 Refuse Pile (“the Site”) in Barr Township, Pennsylvania. In order for jurisdiction to be present, the governing statute requires that coal be processed at the Site in acts constituting “the work of preparing the coal.” 30 U.S.C. § 802(i) (1988). RNS…

2Cases cited9 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Garcia v. United StatesSupreme Court of the United States · 1985
  3. National Railroad Passenger Corporation v. Boston & Maine Corp.Supreme Court of the United States · 1992
  4. Ray Marshall, Secretary of Labor, United States Department of Labor v. Stoudt's Ferry Preparation CompanyCourt of Appeals for the Third Circuit · 1979
  5. Paskel v. HecklerCourt of Appeals for the Third Circuit · 1985

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3Cited by13 opinions

  1. Idahoan Fresh v. Advantage ProduceCourt of Appeals for the Third Circuit · 1998
  2. Canonsburg General Hospital v. Sylvia Mathews BurwellCourt of Appeals for the D.C. Circuit · 2015
  3. Walker Stone Company, Inc. v. The Secretary of Labor Federal Mine Safety and Health Review CommissionCourt of Appeals for the Tenth Circuit · 1998
  4. Idahoan Fresh v. Advantage Produce, Inc.Court of Appeals for the Third Circuit · 1998
  5. Alexis M. Herman, Secretary of Labor Department of Labor v. Associated Electric Cooperative, Inc.Court of Appeals for the Eighth Circuit · 1999

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