A U.S. appeals court ruled on Tuesday that federal mine safety regulators could consider above-ground factors when gauging a mine operator’s compliance with a rule for emergency escape routes.
A panel of the 10th U.S. Circuit Court of Appeals unanimously deferred to the Mine Safety and Health Administration’s interpretation of its rule requiring escape ways to follow the most direct, safe and practical route for miner evacuation. MSHA had cited Canyon Fuel Co under the rule because an escape way at its Sufco Mine in Utah reached the surface in an area inaccessible by road.
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