Legal Opinion

Kennecott Greens Creek Mining Co. v. Mine Safety & Health Administration

Court of Appeals for the D.C. Circuit

Decided February 9, 2007No. 01-1046PublishedCited by 43 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

Several mining industry groups and mine operators petition for review of three Mine Safety and Health Administration (“MSHA”) rules that regulate diesel par ticulate matter (“DPM”) in underground metal and non-metal mines. Petitioners contend that MSHA did not have sufficient evidence that DPM presents a risk to miners’ health, that MSHA unreasonably chose to regulate other substances as surrogates for DPM, and that the DPM exposure limits in the new rules cannot feasibly be achieved by mine operators. Petitioners…

2Cases cited9 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
  3. National Lime Ass'n v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2000
  4. National Mining Ass'n v. Mine Safety & Health AdministrationCourt of Appeals for the D.C. Circuit · 1997
  5. Huls America Inc. v. Carol M. Browner, Administrator, and the Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1996

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3Cited by43 opinions

  1. Loma Linda University Medical Center v. SebeliusDistrict Court, District of Columbia · 2010
  2. United States Sugar Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2016
  3. Exxonmobil Oil Corporation v. Federal Energy Regulatory Commission and United States of America, Western Refining Company, L.P., IntervenorsCourt of Appeals for the D.C. Circuit · 2007
  4. American Meat Institute v. United States Department of AgricultureDistrict Court, District of Columbia · 2013
  5. Genus Medical Technologies LLC v. FDACourt of Appeals for the D.C. Circuit · 2021

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