Nat'l Mining Ass'n v. Sec'y of Labor, No. 13-3324 (6th Cir. 2014)
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The 1977 Mine Act, 30 U.S.C. 801(c), authorizes the Mine Safety and Health Administration (MSHA) to promulgate mandatory health or safety standards, conduct regular inspections of mines, and issue citations and orders for violations of the Act or regulations. If an operator has a pattern of violations of mandatory health or safety standards and has been given required notice and an opportunity to comply, the Act authorizes issuance of an order requiring the operator to vacate the mine until the violation has been abated. The MSHA promulgated the first pattern of violations rule in 1990. The final rule issued in 2013, as 30 C.F.R. Part 104. Mining interests challenged the rule. The Sixth Circuit dismissed, concluding that the rule is not within the definition of a mandatory health or safety standard over which the Act grants appeals courts jurisdiction.
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