DC Circ. Backs Diesel Exhaust Mining Safety Rules

Law360, New York (March 22, 2010, 1:49 PM EDT) -- A federal appeals court has denied a challenge to new mining safety rules brought by the National Mining Association, which argued that the rules were inadequately explained and unsupported by scientific data.

The U.S. Court of Appeals for the District of Columbia Circuit found Friday that a decision by the Mine Safety and Health Administration to enforce exposure limits related to diesel exhaust in underground mines was not arbitrary and capricious.

The case stems from a 2008 decision by the agency to enforce exposure limits related...
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