Legal Opinion
Emery Mining Corp. v. Secretary of Labor
Court of Appeals for the Tenth Circuit
Decided January 31, 1986No. 83-2017PublishedCited by 4 opinions
1Opinion of the Court
BARRETT, Circuit Judge.
Emery Mining Corporation (Emery) seeks review of an order of the Federal Safety and Health Review Commission (Commission) affirming the decision of an administrative law judge (ALJ) finding that Emery had violated the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (Act). This is a case of first impression.
Emery operates an underground coal mine in Emery County, Utah, and is an “operator” under the Act. Section 115(a) of the Act provides in part:
Each operator of a coal or other mine shall have a health and safety training program which shall be…
2Cases cited3 opinions
- Griggs v. Duke Power Co.Supreme Court of the United States · 1971
- National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
- Carter v. Seaboard Coast Line RailroadDistrict Court, S.D. Georgia · 1974
3Cited by4 opinions
- Brock ex rel. Williams v. Peabody Coal Co.Court of Appeals for the D.C. Circuit · 1987
- Brock ex rel. Williams v. Peabody Coal Co.Court of Appeals for the D.C. Circuit · 1987
- Emery Mining Corporation v. Secretary Of LaborCourt of Appeals for the Tenth Circuit · 1986
- William E. Brock, Secretary of Labor on Behalf of Thomas L. Williams v. Peabody Coal Company and Federal Mine Safety and Health Review Commission, Chapman Merrell v. Peabody Coal Company and Federal Mine Safety and Health Review Commission, United Mine Workers of America on Behalf of James Rowe v. Peabody Coal Company, William E. Brock, Secretary of Labor, on Behalf of I.B. Acton v. Jim Walter Resources, Inc., and Federal Mine Safety and Health Review Commission, United Mine Workers of America v. Jim Walter Resources, Inc., and Federal Mine Safety and Health Review CommissionCourt of Appeals for the D.C. Circuit · 1987