In a petition for a writ of mandamus directing the Secretary of Labor to promulgate lower limits for the amount of dust and silica in the air in mines, the petition is dismissed where Petitioner failed to exhaust his administrative remedies under the Mine Act.
Argued: April 29, 2009
Decided and Filed: July 6, 2009
Opinion by Judge Rogers
Stephen A. Sanders, Appalachian Citizens Law Center, Whitesburg, KY
Edward Waldman, United States Department of Labor, Washington, DC