[Download] "In re Sealed Cases" by United States Court of Appeals for the District of Columbia Circuit. # Book PDF Kindle ePub Free

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eBook details

• Title: In re Sealed Cases
• Author : United States Court of Appeals for the District of Columbia Circuit.
• Release Date : January 31, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Two petitions for review challenge the Secretary of Labors promulgation of the final rule entitled "Underground Coal Mine Ventilation Safety Standards for the Use of a Belt Entry as an Intake Air Course to Ventilate Working Sections and Areas Where Mechanized Mining Equipment is Being Installed or Removed," 69 Fed. Reg. 17,480-530 (Apr. 2, 2004) (codified at 30 C.F.R. pt. 75) ("Belt Air Rule"). In No. 04-1164, the International Union, United Mine Workers of America ("the Union") contends that the Secretary, by failing to grandfather existing mine-specific health and safety protections, has promulgated a belt air standard that is contrary to the "no-less protection" requirement of section 101(a)(9) of the Federal Mine Safety and Health Act of 1977 ("Mine Act"), 30 U.S.C. §§ 801-962 (2000). It maintains this failure compromises the Secretarys "net effects" analysis, and because some miners will lose enhanced protections they previously enjoyed, the Secretary acted arbitrarily and capriciously. Although the Unions interpretation is compatible with the Mine Acts purpose to protect the health and safety of miners, the Secretarys "net effects" analysis is consistent with the purpose, the statutory text, and the statutory scheme enacted by Congress. Accordingly, we deny the Unions petition for review.

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