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In re Howard, No. 08-5799

By FindLaw Staff on July 06, 2009 | Last updated on March 21, 2019

In a petition for a writ of mandamus directing the Secretary of Labor to promulgate lower limits for the amount of dust and silica in the air in mines, the petition is dismissed where Petitioner failed to exhaust his administrative remedies under the Mine Act.

Read In re Howard, No. 08-5799

Appellate Information

Argued: April 29, 2009

Decided and Filed: July 6, 2009


Opinion by Judge Rogers


For Petitioner:

Stephen A. Sanders, Appalachian Citizens Law Center, Whitesburg, KY

For Respondent:

Edward Waldman, United States Department of Labor, Washington, DC

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