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SECRETARY OF LABOR v. TWENTYMILE COAL CO.

Nos. 04-1292, 04-1312.

411 F.3d 256 (2005)

SECRETARY OF LABOR, Mine Safety And Health Administration, Petitioner/Cross-Respondent, v. TWENTYMILE COAL COMPANY and Federal Mine Safety and Health Review Commission, Respondent/Cross-Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2005.

Attorney(s) appearing for the Case

Jerald S. Feingold, Attorney, Secretary of Labor, argued the cause for petitioner/cross-respondents. With him on the brief was W. Christian Schumann, Counsel.

Ralph Henry Moore, II argued the cause for respondent/cross-petitioner. With him on the brief were Karen L. Johnston and Trisha L. Culp.

Before: SENTELLE, RANDOLPH and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

This case comes before us on cross-petitions for review of an order of the Federal Mine Safety and Health Review Commission wherein the Commission ruled that Twentymile Coal Co. ("Twentymile") violated the mandatory training standard set forth at 30 C.F.R. § 48.7(c) (2002), but that the proposed penalty assessment was not issued within a reasonable time. Sec'y of Labor...

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