Pennsylvania Electric Company v. Federal Mine Safety and Health Review Commission

Without specifically recognizing that it does so, the majority institutes a major change in the reach of regulatory jurisdiction under the Mine Safety and Health Act and in settled interpretation of that Act. Because I do not believe that these departures are compelled or counseled by the facts of this case and because the course charted by the majority has potentially serious consequences for virtually all commercial coal consumers and their employees, I respectfully dissent.

I

In order to place my differences with the majority in context, it is necessary to revis*1507it the facts of this case. As…