Consolidation Coal Company v. Federal Mine Safety and Health Review Commission, Coal Employment Project, United Mine Workers of America, Intervenors
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Chief Judge WALD.
Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.
Dissenting opinion filed by Circuit Judge D.H. GINSBURG.
WALD, Chief Judge:
Petitioner Consolidation Coal Company (“Consol”) was issued a citation under § 104(a) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 814(a). The citation alleged that Consol had violated 30 C.F.R. § 70.100, which sets forth respirable dust standards for coal mines, and that the violation was “of such nature as could significantly and substantially contribute to the cause and effect of a coal or…
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