Petition for Review of Secretary of Labor Rules Granted in Part
In Int'l. Union, United Mine Wkrs. of Am. v. Mine Safety & Health Admin., No. 09-1014, a petition for review of the Secretary of Labor's rules on Refuge Alternatives for Underground Coal Mines, the court granted the petition in part where the miner training requirements at issue were arbitrary and capricious because the Mine Safety and Health Administration (MSHA) failed to explain the basis for them other than to state it relied upon its "knowledge and expertise." However, the court denied the petition in part where the MSHA gave interested parties sufficient notice and opportunity for comment on the provision on minimum refuge volume per miner.