DC Circuit weighs definition of mine post-Chevron

By Pamela King | 01/27/2025 01:36 PM EST

The court previously ruled that federal regulators had rightfully cited a trucking company not located on an extraction site but that is sometimes hired to haul coal.

Coal is piled up in a mine.

The U.S. Court of Appeals for the District of Columbia Circuit last week sought limits on the Mine Safety and Health Administration's jurisdiction over equipment and facilities not located on a coal extraction site. Rick Bowmer/AP

In a case that will serve as an early test of agency powers post-Chevron, a federal appeals court appeared skeptical that the federal government improperly regulated a truck repair shop as a mine — but also expressed concern that the Labor Department lacks a clear definition of what facilities and equipment fall under its purview.

During oral arguments Friday, at least two members of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit struggled with KC Transport’s argument that federal law clearly bars Labor’s Mine Safety and Health Administration from citing violations by trucks and repair facilities that are not at locations where mining, milling or preparations are taking place.

“What in the text tells us that?” asked Judge Robert Wilkins, an Obama appointee.

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Minutes later, Judge Florence Pan echoed the question.

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