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United Mine Workers of America v. Dye

Memorandum in opposition to re MOTION for Preliminary Injunction and Motion to Dismiss for Lack of Jurisdiction

25 Cited authorities

  1. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,350 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  2. Wisconsin Gas Co. v. F.E.R.C

    758 F.2d 669 (D.C. Cir. 1985)   Cited 648 times
    Holding that to establish irreparable harm the movant must "substantiate the claim that irreparable injury is 'likely' to occur. . . . Bare allegations of what is likely to occur are of no value."

  3. Washington Metro. Area, Etc. v. Holiday Tours

    559 F.2d 841 (D.C. Cir. 1977)   Cited 742 times   1 Legal Analyses
    Holding that, "[w]ithout such a substantial indication of probable success, there would be no justification for the court's intrusion into the ordinary processes of administration and judicial review"

  4. Cobell v. Norton

    391 F.3d 251 (D.C. Cir. 2004)   Cited 215 times
    Holding that a district court abuses its discretion when it fails to hold an evidentiary hearing where credibility determinations are required

  5. Virginia Petroleum Job. v. Fed. Power Com'n

    259 F.2d 921 (D.C. Cir. 1958)   Cited 845 times   1 Legal Analyses
    Finding if “adequate compensatory or other corrective relief” will not be available later in the litigation this factor weighs toward a finding of irreparable harm

  6. In re Tennant

    359 F.3d 523 (D.C. Cir. 2004)   Cited 39 times
    Holding that unless "there has been a proceeding of some kind instituted before an agency or court that might lead to an appeal," speculative claims of future appeals court jurisdiction are not sufficient to confer prospective jurisdiction

  7. In re International Union, United Mine Workers

    231 F.3d 51 (D.C. Cir. 2000)   Cited 4 times
    Recognizing potential availability of mandamus relief in the Court of Appeals for unreasonable delay where UMWA petitioned for emergency standard, but dismissing claim because MSHA had initiated a proposed rule to regulate the matter

  8. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  9. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,024 times   47 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  10. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,023 times   60 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

  11. Section 801 - Congressional findings and declaration of purpose

    30 U.S.C. § 801   Cited 428 times   3 Legal Analyses
    Identifying “an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation's coal or other mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines”

  12. Section 813 - Inspections, investigations, and recordkeeping

    30 U.S.C. § 813   Cited 168 times   2 Legal Analyses
    Allowing miners to report "a violation of this chapter or a mandatory health or safety standard ... or an imminent danger"

  13. Section 811 - Mandatory safety and health standards

    30 U.S.C. § 811   Cited 128 times   3 Legal Analyses
    Asking whether “an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard”

  14. Section 876 - Communication facilities; locations and emergency response plans

    30 U.S.C. § 876   Cited 5 times

    (a) In general Telephone service or equivalent two-way communication facilities, approved by the Secretary or his authorized representative, shall be provided between the surface and each landing of main shafts and slopes and between the surface and each working section of any coal mine that is more than one hundred feet from a portal. (b) Accident preparedness and response (1) In general Each underground coal mine operator shall carry out on a continuing basis a program to improve accident preparedness

  15. Section 75.380 - Escapeways; bituminous and lignite mines

    30 C.F.R. § 75.380   Cited 5 times   2 Legal Analyses

    (a) Except in situations addressed in § 75.381 , § 75.385 and § 75.386 , at least two separate and distinct travelable passageways shall be designated as escapeways and shall meet the requirements of this section. (b) (1) Escapeways shall be provided from each working section, and each area where mechanized mining equipment is being installed or removed, continuous to the surface escape drift opening or continuous to the escape shaft or slope facilities to the surface. (2) During equipment installation

  16. Section 48.11 - Hazard training

    30 C.F.R. § 48.11   Cited 4 times

    (a) Operators shall provide to those miners, as defined in § 48.2(a)(2) (Definition of miner) of this subpart A, a training program before such miners commence their work duties. This training program shall include the following instruction, which is applicable to the duties of such miners: (1) Hazard recognition and avoidance; (2) Emergency and evacuation procedures; (3) Health and safety standards, safety rules, and safe working procedures; (4) Use of self-rescue and respiratory devices, including:

  17. Section 75.1714 - Availability of approved self-rescue devices; instruction in use and location

    30 C.F.R. § 75.1714   Cited 3 times

    (a) Each operator shall make available to each miner who goes underground, and to visitors authorized to enter the mine by the operator, an approved self-rescue device or devices which is adequate to protect such person for 1 hour or longer. (b) Before any person authorized by the operator goes underground, the operator shall instruct and train such person in accordance with provisions set forth in 30 CFR part 48. 30 C.F.R. §75.1714 43 FR 54246, Nov. 21, 1978, as amended at 53 FR 10336, Mar. 30,

  18. Section 48.5 - Training of new miners; minimum courses of instruction; hours of instruction

    30 C.F.R. § 48.5   Cited 3 times

    (a) Each new miner shall receive no less than 40 hours of training as prescribed in this section before such miner is assigned to work duties. Such training shall be conducted in conditions which as closely as practicable duplicate actual underground conditions, and approximately 8 hours of training shall be given at the minesite. (b) The training program for new miners shall include the following courses: (1)Instruction in the statutory rights of miners and their representatives under the Act; authority

  19. Section 48.8 - Annual refresher training of miners; minimum courses of instruction; hours of instruction

    30 C.F.R. § 48.8   Cited 2 times

    (a) Each miner shall receive a minimum of 8 hours of annual refresher training as prescribed in this section. (b) The annual refresher training program for all miners shall include the following courses of instruction: (1)Mandatory health and safety standards. The course shall include mandatory health and safety standard requirements which are related to the miner's tasks. (2)Transportation controls and communication systems. The course shall include instruction on the procedures for riding on and

  20. Section 48.6 - Experienced miner training

    30 C.F.R. § 48.6   Cited 1 times

    (a) Except as provided in paragraph (e), this section applies to experienced miners who are- (1) Newly employed by the operator; (2) Transferred to the mine; (3) Experienced underground miners transferred from surface to underground; or (4) Returning to the mine after an absence of more than 12 months. (b) Experienced miners must complete the training prescribed in this section before beginning work duties. Each experienced miner returning to mining following an absence of 5 years or more, must receive

  21. Section 75.1714-1 - Approved self-rescue devices

    30 C.F.R. § 75.1714-1   Cited 1 times

    The requirements of § 75.1714 shall be met by making available to each person referred to in that section a self-rescue device or devices, which have been approved by MSHA and NIOSH under 42 CFR part 84 , as follows: (a) A 1-hour SCSR; (b) A SCSR of not less than 10 minutes and a 1-hour canister; or (c) Any other self-contained breathing apparatus which provides protection for a period of 1 hour or longer and which is approved for use by MSHA as a self-rescue device when used and maintained as prescribed

  22. Section 75.1714-3 - Self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping

    30 C.F.R. § 75.1714-3   Cited 1 times

    (a) Each operator shall provide for proper inspection, testing, maintenance, and repair of self-rescue devices by a person trained to perform such functions. (b) After each time a self-rescue device is worn or carried by a person, the device shall be inspected for damage and for the integrity of its seal by a person trained to perform this function. Self-rescue devices with broken seals or which are damaged so that the device will not function properly shall be removed from service. (c) All FSRs

  23. Section 75.1715 - Identification check system

    30 C.F.R. § 75.1715

    [Statutory Provisions] Each operator of a coal mine shall establish a check-in and check-out system which will provide positive identification of every person underground, and will provide an accurate record of the persons in the mine kept on the surface in a place chosen to minimize the danger of destruction by fire or other hazard. Such record shall bear a number identical to an identification check that is securely fastened to the lamp belt worn by the person underground. The identification check

  24. Section 75.381 - Escapeways; anthracite mines

    30 C.F.R. § 75.381

    (a) Except as provided in §§ 75.385 and 75.386 , at least two separate and distinct travelable passageways shall be designated as escapeways and shall meet the requirements of this section. (b) Escapeways shall be provided from each working section continuous to the surface. (c) Each escapeway shall be- (1) Maintained in a safe condition to always assure passage of anyone, including disabled persons; (2) Clearly marked to show the route of travel to the surface; (3) Provided with ladders, stairways