Legal Opinion

National Mining Ass'n v. Secretary of Labor

Court of Appeals for the Eleventh Circuit

Decided September 4, 1998No. 98-6159PublishedCited by 12 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

The National Mining Association and the Alabama Coal Association (“NMA”) dispute a finding of the Mining Safety and Health Administration (“MSHA”) that allows testing the amount of coal dust in mines by using measurements taken over a single shift, rather than traditional multi-shift measurements. NMA challenges the new sampling method on substantive and procedural grounds. We vacate the finding.

Background

One of the reasons Congress passed the Federal Coal Mine and Safety Act (“the Coal Act”) in 1969 was to reduce the amount of coal dust inhaled by coal miners. The…

2Cases cited6 opinions

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
United Mine Workers of America, International Union v. Elizabeth H. Dole, in Her Capacity as Secretary of Labor, American Mining Congress, IntervenorCourt of Appeals for the D.C. Circuit · 1989
Robert D. Morris v. Commodity Futures Trading Commission, Stotler and Company S. Bruce Pattison Stephen Greenfield, IntervenorsCourt of Appeals for the Ninth Circuit · 1992
Gwendolyn Lynch v. Richard Lyng and Nancy-Ann E. MinCourt of Appeals for the Sixth Circuit · 1989

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3Cited by12 opinions

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