Legal Opinion

Secretary of Labor v. Twentymile Coal Co.

Court of Appeals for the D.C. Circuit

Decided July 7, 2006No. 05-1124PublishedCited by 70 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

This case represents the first time in more than twenty years 1 that the Federal Mine Safety and Health Review Commis sion has overturned a decision by the Secretary of Labor to cite the owner-operator of a mine, as well as its independent contractor, for safety violations committed by the contractor. This court has long recognized the Secretary’s discretionary authority to cite the owner-operator, the independent contractor, or both for contractor violations. Because the Mine Act provides no meaningful standards…

2Cases cited27 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Bordenkircher v. HayesSupreme Court of the United States · 1978
  4. Heckler v. ChaneySupreme Court of the United States · 1985
  5. United States v. ArmstrongSupreme Court of the United States · 1996

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3Cited by70 opinions

  1. Sierra Club v. JacksonCourt of Appeals for the D.C. Circuit · 2011
  2. Oryszak v. SullivanCourt of Appeals for the D.C. Circuit · 2009
  3. Make The Road New York v. Chad F. WolfCourt of Appeals for the D.C. Circuit · 2020
  4. Tamenut v. MukaseyCourt of Appeals for the Eighth Circuit · 2008
  5. Target Training International, Ltd. v. LeeDistrict Court, N.D. Iowa · 2014

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