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MACH MINING, LLC v. SECRETARY OF LABOR, MSHA

No. 12-3598.

728 F.3d 643 (2013)

MACH MINING, LLC, Petitioner, v. SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 2013.

Attorney(s) appearing for the Case

David W. Wolff (submitted) , Attorney, Crowell & Moring LLP, Washington, DC, for Petitioner.

Edward Waldman (submitted). Attorney, Department of Labor, Arlington, VA, for Respondent Secretary of Labor, Mine safety and Health Administration.

John T. Sullivan , Attorney, Office of the General Counsel, Washington, DC, for Respondent Federal Mine Safety and Health Review Commission.

Before RIPPLE, ROVNER, and WILLIAMS, Circuit Judges.

RIPPLE, Circuit Judge.

Mach Mining, LLC ("Mach") operates the Mach No. 1 Mine (the "Mine"), an underground coal mine, near Johnston City, Illinois. Mach mines the coal using the "longwall" method, which involves preparing "panels" of coal for mining by drilling a series of tunnels to provide for ventilation, travel routes and access to the working areas of the mine. Once a panel is ready for mining, the longwall machine moves along the panel "shearing" the coal from...

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