Legal Opinion

Secretary of Labor, Mine Safety and Health Administration v. Western Fuels-Utah, Inc., and Federal Mine Safety and Health Review Commission

Court of Appeals for the D.C. Circuit

Decided April 6, 1990No. 89-1258PublishedCited by 28 opinions

1Opinion of the Court

Opinion for the Court filed by Chief Judge WALD.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

WALD, Chief Judge:

The Secretary of Labor, Mine Safety and Health Administration ("Secretary”) petitions for review of a Federal Mine Safety and Health Review Commission (“FMSHRC” or “Commission”) decision vacating an order and citation issued to Western Fuels-Utah, Inc. (“Western Fuels”) for failure to task train one of its foremen in the operation of a roof bolting machine. We grant the petition and reverse the Commission’s decision.

I. BACKGROUND

A. Statute and Regulations

Section 115(a)…

2Cases cited8 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. United States v. LarionoffSupreme Court of the United States · 1977
  4. Southern Mutual Help Association, Inc. v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1977
  5. Jicarilla Apache Tribe v. Federal Energy Regulatory CommissionCourt of Appeals for the Tenth Circuit · 1978

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. National Family Planning and Reproductive Health Association, Inc. v. Louis W. Sullivan, M.D., Secretary, U.S. Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1992
  2. Transactive Corporation v. United States of America and Robert E. Rubin, Secretary of TreasuryCourt of Appeals for the D.C. Circuit · 1996
  3. Joy Technologies, Inc. v. Secretary of LaborCourt of Appeals for the Tenth Circuit · 1996
  4. Building And Construction Trades Department, Afl-Cio v. ReichCourt of Appeals for the D.C. Circuit · 1995
  5. Adams v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2002

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API