Legal Opinion
Shamokin Filler Co. v. Federal Mine Safety & Health Review Commission
Court of Appeals for the Third Circuit
Decided July 11, 2014No. 12-4457PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge:
Petitioner Shamokin Filler Company, Inc., operates a coal preparation facility in Shamokin, Pennsylvania that has been regulated by the Federal Mine Safety and Health Administration (“MSHA”) since 1977. After a change in ownership in 2009, the new owners challenged MSHA’s jurisdiction over the Shamokin facility, contending that the Occupational Safety and Health Administration (“OSHA”), not MSHA, should oversee it. 1 The Secretary of Labor, along with an Administrative Law Judge for the Federal Mine Safety and Health Review Commission, and the same…
2Cases cited16 opinions
- Donovan v. DeweySupreme Court of the United States · 1981
- United States v. Francis P. Long, A/K/A "Red", John Hackett, A/K/A "Jack"Court of Appeals for the Third Circuit · 1978
- Robert B. Reich, Secretary of Labor, United States Department of Labor v. D.M. Sabia Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1996
- Edwin Southard v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1984
- Westar Energy, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2007
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3Cited by3 opinions
- United States v. James Johnman, Jr.Court of Appeals for the Third Circuit · 2020
- United States v. Michael HendricksonCourt of Appeals for the Third Circuit · 2020
- David Stanley Consultants v. Director Office of Workers ComCourt of Appeals for the Third Circuit · 2020