In re Howard, No. 08-5799

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

Judges

Opinion by Judge Rogers

Counsel

For Petitioner:

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

For Respondent:

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