United States Court of Appeals For the Seventh Circuit
Employment — mining
The Secretary of Labor’s decision to withhold approval of a mine’s ventilation plan is reviewable for abuse of discretion.
“In light of the statutory text and its history, we conclude that the majority of the members of the Commission correctly determined that the decision of the Secretary to withhold approval of the ventilation plan is reviewable under the abuse of discretion standard. To permit the Commission to substitute its view for that of the Secretary simply would displace entirely the expertise of the Secretary from the determination of the appropriate safety standards for mine ventilation, a situation clearly contrary to the intent of the statutory scheme mandated by Congress.”
Petition for Review of an Order of the Federal Mine Safety and Health Review Commission, Ripple, J.