Prairie State Generating Com. v. Secretary of Labor, No. 13-1315 (D.C. Cir. 2015)
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Prairie State challenges the Commission’s decision to sustain the Secretary’s citations against it for operating without approved, mine-specific plans for roof support and ventilation at Prairie State’s underground coal mine at Lively Grove in southern Illinois. Principally at issue was which standard the Commission should use when it reviews the Secretary’s
citation of an operator for failure to follow an approved, mine-specific plan. The court assumed, without deciding, that Chevron governs the court's consideration of that question, as Prairie State failed to contest the Secretary’s assertion that it does. The court held that the Secretary’s judgments regarding the suitability of mine-specific safety plans are entitled to deference under the Mine Act, 30 U.S.C. 801 et seq., and reject the further claims of error. Accordingly, the court denied the petition for review.
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