Legal Opinion

United Mine Workers of America v. Cecil D. Andrus, Secretary of the Interior, Carbon Fuel Co., Intervenor

Court of Appeals for the D.C. Circuit

Decided May 31, 1978No. 76-1208PublishedCited by 20 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Ciruit Judge:

Once again 1 we are confronted by a controversy generated by ambiguity in the Federal Coal Mine Health and Safety Act of 1969. 2 The issue on this occasion is whether a mine operator served with notice of violation of a health standard not posing imminent danger could obtain administra-five review of the charge on the merits prior to issuance of an order commanding withdrawal of his miners from the affected area. We answer that question in the negative. Our decision is governed…

2Cases cited28 opinions

  1. Griggs v. Duke Power Co.Supreme Court of the United States · 1971
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. General Electric Co. v. GilbertSupreme Court of the United States · 1976
  4. Kokoszka v. BelfordSupreme Court of the United States · 1974
  5. Philbrook v. GlodgettSupreme Court of the United States · 1975

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3Cited by20 opinions

  1. Howard v. Riggs National BankDistrict of Columbia Court of Appeals · 1981
  2. Carey v. Crane Service Co., Inc.District of Columbia Court of Appeals · 1983
  3. Thomas v. District of Columbia Department of Employment ServicesDistrict of Columbia Court of Appeals · 1988
  4. District of Columbia v. MorrisseyDistrict of Columbia Court of Appeals · 1995
  5. Potomac Plaza Terraces, Inc. v. QSC Products, Inc.District Court, District of Columbia · 1994

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