DC Circ. Allows Ill. Mining While Safety Appeal Is Heard

Law360 (September 18, 2020, 4:11 PM EDT) — The D.C. Circuit has refused to immediately halt certain operations at an Illinois coal mine after the U.S. secretary of labor, through the Mine Safety and Health Administration, raised concerns about a ventilation plan that allegedly would not protect worker safety.

A split three-judge panel declined Thursday to immediately stay a ruling by the Federal Mine Safety and Health Review Commission that allows certain mining activities to proceed and overturned the secretary’s push to revoke a ventilation plan at Knight Hawk Coal’s Prairie Eagle-Underground mine.

The brief order denies the secretary’s emergency motion to stay the commission’s decision but provides a…

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