RECENT FEDERAL DECISIONS

April 2007

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D.C. Circuit Declines to Second Guess Mine Safety and Health Administation’s Diesel Particulate Matter Rules
Kennecott Greens Creek Mining Co. v. Mine Safety & Health Administration, ___F.3d___

Mining groups and mining operators (collectively: mining groups) filed a petition seeking review of three Mine Safety and Health Administration (MSHA) rules regulating diesel particulate matter (DPM) in both underground metal and nonmetal mines. The mining groups argued that the MSHA’s rules were arbitrary and capricious because they were unreasonable and not supported by evidence. Reasoning that there was sufficient evidence to justify each of the MSHA’s rules, the court declined to second-guess the MSHA’s decisions and denied the mining groups’ petition for review.