National Mining Association, et al v. MSHA, et al

Filing

OPINION and JUDGMENT filed: The petitions for review are DISMISSED without prejudice for want of subject-matter jurisdiction. Decision for publication. Karen Nelson Moore (AUTHORING) and Deborah L. Cook, Circuit Judges; James S. Gwin, U.S. District Judge for the Northern District of Ohio, sitting by designation. [13-3324, 13-3325]

Case: 13-3324

Document: 118-3

Filed: 08/19/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 13-3324/3325
NATIONAL MINING ASSOCIATION, NATIONAL
STONE SAND AND GRAVEL ASSOCIATION,
KENTUCKY COAL ASSOCIATION, and
PORTLAND CEMENT ASSOCIATION (13-3324);
MURRAY ENERGY CORPORATION, OHIO
AMERICAN ENERGY, INCORPORATED,
AMERICAN ENERGY CORPORATION, OHIO
VALLEY COAL COMPANY, and KENAMERICAN
RESOURCES, INC. (13-3325),
Petitioners,

FILED
Aug 19, 2014
DEBORAH S. HUNT, Clerk

v.
SECRETARY OF LABOR, MINE SAFETY AND
HEALTH ADMINISTRATION,
Respondent.

Before: MOORE and COOK, Circuit Judges; GWIN, District Judge.
JUDGMENT
THIS MATTER came before the court upon the petitions by the National Mining Association
petitioners and the Murray Energy Corporation petitioners for review of the final pattern of violations
rule issued by the Mine Safety and Health Administration on January 23, 2013.
UPON FULL REVIEW of the record and the briefs and arguments of counsel,
IT IS ORDERED that the petitions for review are DISMISSED without prejudice for want of
subject-matter jurisdiction.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk