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