Legal Opinion

Stillwater Mining Co. v. Federal Mine Safety & Health Review Commission

Court of Appeals for the Ninth Circuit

Decided April 28, 1998No. CA No. 96-70805PublishedCited by 1 opinion

1Opinion of the Court

SKOPIL, Senior Circuit Judge:

Stillwater Mining Company petitions for review of a final order issued by the Federal Mine Safety and Health Review Commission assessing a civil penalty on Stillwater for violating a general safety regulation prohibit ing use of equipment beyond its design capacity. Stillwater contends that the regulation is impermissibly vague, application of the regulation is arbitrary and capricious, and there is not substantial evidence to support a finding that the equipment was being used beyond its design capacity. We reject these contentions, deny the petition for review,…

2Cases cited8 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Newell v. SauserCourt of Appeals for the Ninth Circuit · 1996
  4. Donovan v. Royal Logging Co.Court of Appeals for the Ninth Circuit · 1981
  5. Freeman United Coal Mining Company v. Federal Mine Safety and Health Review Commission and Secretary of LaborCourt of Appeals for the D.C. Circuit · 1997

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3Cited by1 opinion

  1. 1998 O.S.H.D. (Cch) P 31,558, 98 Cal. Daily Op. Serv. 3146, 98 Daily Journal D.A.R. 4339 Stillwater Mining Company v. Federal Mine Safety and Health Review Commission Secretary of Labor, Mine Safety and Health Administration (Msha)Court of Appeals for the Ninth Circuit · 1998

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