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Legal Opinion

Peabody Twentymile Mining v. Secretary of Labor

Court of Appeals for the Tenth Circuit

Decided July 18, 2019No. 17-9540PublishedCited by 15 opinions

1Opinion of the Court

EID, Circuit Judge.

*994Peabody Twentymile Mining, LLC ("Peabody Twentymile") operates the Foidel Creek Mine, a large underground coal mine in Colorado. The mine uses over one thousand ventilation stoppings to separate the fresh intake air from the air flowing out of the mine that has been circulated through areas where extraction is occurring. Federal law requires permanent ventilation stoppings to be "constructed in a traditionally accepted method and of materials that have been demonstrated to perform adequately." 30 C.F.R. § 75.333(e)(1)(i). In 2014, an inspector for the Mine Safety and Health…

2Cases cited11 opinions

  1. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  2. Wyoming Outdoor Council v. United States Forest ServiceCourt of Appeals for the D.C. Circuit · 1999
  3. National Credit Union Administration Board v. Nomura Home Equity Loan, Inc.Court of Appeals for the Tenth Circuit · 2014
  4. Mitchell v. CommissionerCourt of Appeals for the Tenth Circuit · 2015
  5. Pennsylvania Electric Company v. Federal Mine Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1992

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3Cited by15 opinions

  1. Bethney Lovo v. Loren MillerCourt of Appeals for the Fourth Circuit · 2024
  2. Sierra Club v. EPACourt of Appeals for the Tenth Circuit · 2020
  3. Katherin Mejia-Velasquez v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2022
  4. Scalia v. Wynnewood RefiningCourt of Appeals for the Tenth Circuit · 2020
  5. Anita Baldwin v. DOWCPCourt of Appeals for the Fourth Circuit · 2026

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