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PITTSTON COAL GROUP v. SEBBEN

No. 87-821.

488 U.S. 105 (1988)

109 S.Ct. 414

102 L.Ed.2d 408

PITTSTON COAL GROUP ET AL. v. SEBBEN ET AL.

Supreme Court of United States.

Decided December 6, 1988

Attorney(s) appearing for the Case

Deputy Solicitor General Ayer argued the cause for the federal petitioners. With him on the briefs were Solicitor General Fried, Christopher J. Wright, George R. Salem, Allen H. Feldman, Charles I. Hadden, and Edward D. Sieger. Mark E. Solomons argued the cause for petitioners Pittston Coal Group et al. With him on the briefs were John D. Maddox, Laura Metcoff Klaus, and Allen R. Prunty.

Paul M. Smith argued the cause for respondents in all cases. With him on the brief for respondents Sebben et al. were Joseph N. Onek and I. John Rossi. Robert E. Lehrer filed a brief for respondents Broyles et al. With him on the brief was Raymond T. Reott.†

JUSTICE SCALIA delivered the opinion of the Court.

These consolidated cases call into question the Secretary of Labor's interpretation of 30 U. S. C. § 902(f)(2), which, for specified categories of black lung benefit claimants, provides that "[c]riteria applied by the Secretary of Labor in the case of . . . any claim . . . shall not be more restrictive than the criteria applicable to a claim filed on June 30, 1973." Respondents contend that interim regulations...

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