International Union, United Mine Workers v. Kleppe

TAMM, Circuit Judge:

Petitioner, United Mine Workers of America (“UMWA”), seeks review of an order of the Interior Department’s Board of Mine Operations Appeals (Board), reversing an order of the Interior Department’s Board of Mine Operations Appeals (Board), reversing an administrative law judge’s determination that a federal mine inspector’s withdrawal order had properly issued. Petitioner challenges the Board’s interpretation of 30 U.S.C. § 814(c)(1) as it relates to withdrawal orders.1 The first sentence of section 814(c)(1) clearly states that a notice of violation may issue only if the…