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United Mine Workers of America v. Dye

REPLY to opposition to motion re MOTION to Dismiss for Lack of Jurisdiction

18 Cited authorities

  1. Kerr v. U.S. Dist. Court

    426 U.S. 394 (1976)   Cited 2,085 times   4 Legal Analyses
    Holding that "as a means of implementing the rule that the writ will issue only in extraordinary circumstances," the party seeking the writ must "have no other adequate means to attain the relief he desires"

  2. Telecommunications Research Action v. F.C.C

    750 F.2d 70 (D.C. Cir. 1984)   Cited 926 times   6 Legal Analyses
    Holding that a district court did not have jurisdiction to review a rule or issue a writ of mandamus because of a special review statute that assigned judicial review to the courts of appeals

  3. Mashpee Wampanoag Tribal Council v. Norton

    336 F.3d 1094 (D.C. Cir. 2003)   Cited 293 times
    Holding that "the district court erred by disregarding the importance of there being ‘competing priorities’ for limited resources"

  4. In re Cheney

    406 F.3d 723 (D.C. Cir. 2005)   Cited 189 times
    Holding that "if there is no clear and compelling duty under the statute as interpreted, the district court must dismiss the action."

  5. In re Barr Laboratories, Inc.

    930 F.2d 72 (D.C. Cir. 1991)   Cited 245 times   1 Legal Analyses
    Holding that courts generally "have no basis for reordering agency priorities," given that the agency is "in a unique — and authoritative — position to view its projects as a whole, estimate the prospects for each, and allocate its resources in the optimal way"

  6. Myers v. U.S.

    17 F.3d 890 (6th Cir. 1994)   Cited 175 times   2 Legal Analyses
    Holding that the plaintiffs could not proceed under Section 324A of the Restatement where they failed to allege facts showing that the defendant affirmatively made, or caused to be made, a change in the conditions that created or increased the risk of harm that befell the plaintiffs

  7. In re American Rivers and Idaho Rivers United

    372 F.3d 413 (D.C. Cir. 2004)   Cited 77 times
    Holding that, under APA, federal agency must respond to rulemaking petition

  8. Liberty Fund, Inc. v. Chao

    394 F. Supp. 2d 105 (D.D.C. 2005)   Cited 43 times
    Finding in favor of agency where the agency's "first-in, first out" processing of applications "would simply move petitioners to the front of the queue, at the expense of other similarly situated applicants"

  9. 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

  10. Columbian Rope Company v. West

    142 F.3d 1313 (D.C. Cir. 1998)   Cited 29 times
    Holding that a case is moot "if events have so transpired that the decision will neither presently affect the parties' rights nor have a more than-speculative chance of affecting them in the future"

  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 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”

  13. Section 557a - Mine Safety and Health Administration

    29 U.S.C. § 557a   Cited 29 times
    Creating MSHA and authorizing and directing the Secretary of Labor to fulfill his functions under the Mine Act through MSHA

  14. Section 952 - Training and education

    30 U.S.C. § 952   Cited 4 times

    (a) Programs for operators, agents, and miners The Secretary shall expand programs for the education and training of operators and agents thereof, and miners in- (1) the recognition, avoidance, and prevention of accidents or unsafe or unhealthful working conditions in coal or other mines; and (2) in the use of flame safety lamps, permissible methane detectors, and other means approved by the Secretary for detecting methane and other explosive gases accurately. (b) Technical assistance to operators

  15. 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