Legal Opinion

Pattison Sand Co. v. Federal Mine Safety & Health Review Commission

Court of Appeals for the Eighth Circuit

Decided July 31, 2012No. 12-1194, 12-1196PublishedCited by 12 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

Pattison Sand Company operates a sandstone mine in Clayton, Iowa. After part of the mine roof collapsed near where a miner was working, the Mine Safety and Health Administration (MSHA) issued an order under § 103(k) of the Federal Mine Safety and Health Act (the Act), 30 U.S.C. § 813(k), prohibiting any activity in much of the mine. Pattison challenged the order before the Federal Mine Safety and Health Review Commission (the Commission). An administrative law judge (ALJ) determined that the order was valid and that the Commission lacked authority to modify it.

Pattison…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Sosa v. Alvarez-MachainSupreme Court of the United States · 2004
  4. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  5. Mark S. Guilliams v. Jo Anne B. Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Eighth Circuit · 2005

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3Cited by12 opinions

  1. BNSF Railway Co. v. United States Department of Labor Administrative Review BoardCourt of Appeals for the Eighth Circuit · 2017
  2. Greenley v. Laborers' International UnionDistrict Court, D. Minnesota · 2017
  3. Northshore Mining Company v. Secretary of LaborCourt of Appeals for the Eighth Circuit · 2013
  4. Bussen Quarries v. Alexander AcostaCourt of Appeals for the Eighth Circuit · 2018
  5. U.S. Capitol Police v. Office of ComplianceCourt of Appeals for the Federal Circuit · 2018

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