Legal Opinion

Cyprus Emerald Resources Corp. v. Federal Mine Safety & Health Review Commission

Court of Appeals for the D.C. Circuit

Decided November 5, 1999No. 98-1442, 98-1548PublishedCited by 13 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Concurring opinion filed by Circuit Judge RANDOLPH.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Section 104(d)(1) of the Federal Mine Safety and Health Act of 1977 (Act) provides in part:

If, upon any inspection of a coal or other mine, an authorized representative of the Secretary [of Labor] finds that there has been a violation of any mandatory health or safety standard, and if he also finds that, while the conditions created by such violation do not cause imminent danger, such violation is of such nature as could significantly…

2Cases cited4 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  4. Secretary of Labor, Mine Safety and Health Administration v. Federal Mine Safety and Health Review Commission and Jim Walter Resources, Inc.Court of Appeals for the D.C. Circuit · 1997

3Cited by13 opinions

  1. Trans Union LLC v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 2002
  2. Beverly Health & Rehabilitation Services, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2003
  3. Kimberlin v. U.S. Department of JusticeCourt of Appeals for the D.C. Circuit · 2003
  4. Black Beauty Coal Co. v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the D.C. Circuit · 2012
  5. Wolf Run Mining Co. v. Federal Mine Safety & Health Review CommissionCourt of Appeals for the D.C. Circuit · 2011

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