International Union, United Mine Workers v. Mine Safety & Health Administration
Court of Appeals for the D.C. Circuit
1Opinion of the Court
ROGERS, Circuit Judge.
Two petitions for review challenge the Secretary of Labor’s promulgation of the final rule entitled “Underground Coal Mine Ventilation Safety Standards for the Use of a Belt Entry as an Intake Air Course to Ventilate Working Sections and Areas Where Mechanized Mining Equipment is Being Installed or Removed,” 69 Fed.Reg. 17,480-530 (Apr. 2, 2004) (codified at 30 C.F.R. pt. 75) (“Belt Air Rule”). In No. 04-1164, the International Union, United Mine Workers of America (“the Union”) contends that the Secretary, by failing to grandfather existing mine-specific health and…
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