Rosebud Mining Co. v. MSHA, No. 14-1285 (D.C. Cir. 2016)
Annotate this CasePetitioners seek review of the Assistant Secretary's orders modifying the application of mandatory mine safety standards to their respective mines. Petitioners contend that the orders contain three conditions unnecessary to ensure adequate mine safety, thus making them arbitrary and capricious. Section 101(a) of the Federal Mine Safety and Health Act of 1977 (Mine Act), 30 U.S.C. 801 et seq., permits modification if an equally effective alternative exists or if the standard itself negatively affects mine safety. These six petitions for review involve MSHA’s “permissibility” requirements, which, in general, mandate that certain equipment located in certain mine areas be approved by MSHA. Petitioners seek to use non-permissible electronic surveying equipment (NPESE) in locations where use of the equipment was otherwise off-limits. Because the challenged orders involve an area within the Assistant Secretary's expertise, and because they are supported by substantial evidence and a reasoned explanation, the court denied the petitions for review.
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