DC Circ. Orders Review Of Restrictions On Massey Unit

Law360, New York (June 10, 2011, 4:39 PM ET) -- The D.C. Circuit ruled Friday that the federal government must review certain restrictions it imposed on Performance Coal Co. during the course of a civil and criminal investigation into a deadly 2010 explosion at the company's coal mine in West Virginia.

In granting the Massey Energy Co. subsidiary's petition for review of restrictions imposed by the Mine Safety and Health Administration, a three-judge panel rejected the Federal Mine Safety and Health Review Commission's holding that Section 105(b)(2) of the Federal Mine Safety and Health Act of...
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