American Mining Congress v. Marshall

McKAY, Circuit Judge.

Petitioner, American Mining Congress, challenges the promulgation of rules by the Secretary of Labor under the Federal Mine Safety and Health Act (MSHA), 30 U.S.C. §§ 801-960 (1976 & Supp. III 1979), on both substantive and procedural grounds.

Congress passed the original Coal Mine Health and Safety Act, 30 U.S.C. §§ 801-960 (1976), in 1969 in response to studies indicating that prolonged exposure of miners to coal dust causes black lung disease. To achieve its purpose of preventing black lung disease, Congress established the following health standard:

Effective three…