National Mining Ass'n. v. Sec'y. of Labor, No. 08-14309
In an Administrative Procedure Act challenge to a Procedure Instruction Letter (PIL) promulgated by the Secretary of Labor's Mine Safety and Health Administration, plaintiffs' appeal is dismissed where, given that the whole context of the PIL was in a subject area controlled by individual case-by-case discretion, the PIL was a general statement of policy and, by its very nature, not a binding rule.
Read National Mining Ass'n. v. Sec'y. of Labor, No. 08-14309
Appellate Information
Filed December 15, 2009
Judges
Opinion by Judge Birch