National Mining Ass'n. v. Sec'y. of Labor, No. 08-14309

In an Administrative Procedure Act challenge to a Procedure Instruction Letter (PIL) promulgated by the Secretary of Labor's Mine Safety and Health Administration, plaintiffs' appeal is dismissed where, given that the whole context of the PIL was in a subject area controlled by individual case-by-case discretion, the PIL was a general statement of policy and, by its very nature, not a binding rule.

Read National Mining Ass'n. v. Sec'y. of Labor, No. 08-14309

Appellate Information

Filed December 15, 2009

Judges

Opinion by Judge Birch