Buck Creek Coal, Incorporated v. Federal Mine Safety and Health Administration, and Robert Reich, Secretary of the United States Department of Labor

ILANA DIAMOND ROVNER, Circuit Judge.

On March 31, 1993, a Mine Safety and Health Administration (“MSHA”) inspector cited Buck Creek Coal, Inc. after finding a potentially hazardous coal dust accumulation in one of its mines in violation of federal safety regulations. After hearing evidence from both sides, an administrative law judge entered judgment against Buck Creek. The Federal Mine Safety and Health Review Commission denied Buck Creek’s petition for discretionary review, and Buck Creek now petitions for review in this court. We also deny the petition.

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Buck Creek owns and operates a coal…