Legal Opinion

Lucas Coal Company v. Interior Board of Mine Operations Appeals

Court of Appeals for the Third Circuit

Decided August 29, 1975No. 74-1813PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

ADAMS, Circuit Judge.

Petitioners, pursuant to § 106(a) of the Federal Coal Mine Health and Safety Act of 1969, 1 seek review of an order of the Secretary of the Interior acting through the Board of Mine Operations Appeals. 2 Three principal issues are presented by this appeal.

First, whether the Secretary of the Interior, acting through the Board of Mine Operations Appeals, erred in interpreting § 77.410 of the Secretary’s mandatory safety standards so as to require bulldozers to be equipped with back-up alarms. 3

Second, whether the Board erred in sustaining the issuance of…

2Cases cited12 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. Benton v. MarylandSupreme Court of the United States · 1969
  4. Udall v. TallmanSupreme Court of the United States · 1965
  5. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911

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3Cited by42 opinions

  1. Concerned Residents of Buck Hill Falls, by Its Trustee Ad Litem v. Kenneth Grant, as AdministratorCourt of Appeals for the Third Circuit · 1976
  2. National Industrial Sand Ass'n v. MarshallCourt of Appeals for the Third Circuit · 1979
  3. Baltimore and Ohio Chicago Terminal Railroad Company v. United States of America and Interstate Commerce Commission, Central Vermont Railway, Inc., Duluth, Winnipeg and Pacific Railway, and the Detroit and Toledo Shore Line Railroad Company, Intervenors, Burlington Northern Inc. And Union Pacific Railroad Company, Intervenors, Duval Sales Corporation, International Minerals & Chemical Corporation, Evans Products Company and Pullman Leasing Company, Intervenors, the Texas Mexican Railway Company, Intervenor. Aliquippa and Southern Railroad Company v. United States of America and the Interstate Commerce Commission, Duval Sales Corporation, International Minerals & Chemical Corporation, Evans Products Company and Pullman Leasing Company, Intervenors, the Texas Mexican Railway Company, IntervenorCourt of Appeals for the Third Circuit · 1978
  4. Association of Bituminous Contractors, Inc. v. Cecil D. Andrus, Secretary of the Interior, U. S. Department of the Interior. Appeal of United Mine Workers of America. Association of Bituminous Contractors, Inc. v. Cecil D. Andrus, Secretary of the Interior, U. S. Department of the Interior, United Mine Workers of America, Party-DefendantCourt of Appeals for the D.C. Circuit · 1978
  5. Lutz v. Chromatex, Inc.District Court, M.D. Pennsylvania · 1989

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