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.
Argued May 12, 2009
Decided July 21, 2009
Opinion by Judge Griffith
Robin A. Rosenbluth, Attorney, Mine Safety & Health Administration, Washington, DC
Carol A. De Deo, Deputy Solicitor, Mine Safety & Health Administration, Washington, DC