Elk Run Coal Company, Inc. v. United States Department of Labor

MEMORANDUM OPINION AND ORDER

JAMES E. BOASBERG, District Judge.

Plaintiffs are six underground coal mine operators who, among them, operate at least fourteen mines. They have brought this action against, inter alia, the Mine Safety and Health Administration, claiming MSHA has violated their constitutional rights. More specifically, Plaintiffs assert that they are being denied due process by MSHA’s lack of appropriate procedures to resolve disputes over mine-ventilation plans. In now moving to dismiss the case, Defendants stress the Court’s lack of jurisdiction to hear claims arising from the…