Sec'y. of Labor v. Nat'l. Cement Co. of Cal., No. 08-1312

In the Secretary of Labor's petition for review of a Federal Mine Safety and Health Review Commission decision that the Secretary lacked jurisdiction to regulate a private road operated by respondents, the petition is granted where the Secretary reasonably concluded that the road fell within the definition of "mine" in the Federal Mine Safety and Health Act of 1977.

Read Sec'y. of Labor v. Nat'l. Cement Co. of Cal., No. 08-1312

Appellate Information

Argued May 12, 2009

Decided July 21, 2009

Judges

Opinion by Judge Griffith

Counsel

For Petitioner:

Robin A. Rosenbluth, Attorney, Mine Safety & Health Administration, Washington, DC

Carol A. De Deo, Deputy Solicitor, Mine Safety & Health Administration, Washington, DC

For Respondent:

Margaret Lopez, National Cement Company of California, Inc., Washington, DC