New opinion — federal agency jurisdiction


“View of the Ewen Breaker of the Pa. Coal Co. The dust was so dense at times as to obscure the view. This dust penetrated the utmost recesses of the boy’s lungs. A kind of slave-driver sometimes stands over the boys, prodding or kicking them into obedience. S. Pittston, Pa.” [1911] (Wikimedia Commons public domain)

The Shamokin Filler Company repeatedly violated federal workplace-safety standards that limit breathable coal dust. So it sued, arguing that it should be regulated by OSHA’s less-stringent standards instead of the Federal Mine Safety and Health Administration’s more-stringent ones. In today’s lone published opinion, CA3 denied the company’s petition for review.

The case is Shamokin Filler Co. v. Federal Mine Safety and Health Review Commission. Opinion by Fuentes, joined by McKee and Chagares. Arguing counsel were Adele Abrams for the company and Sara Johnson for the government.