Jurisdiction to review agency nonenforcement under the Federal Mine Safety and Health Act: the miner as litigant
This article discusses the legal issues presented by an attempt to obtain judicial review of the Mine Safety and Health Administration's (MSHA) failure to enforce the Federal Mine Safety and Health Amendments Act of 1977. The focus is on what jurisdictional barriers confront the beneficiary or protected party or a remedial statute who tries to compel unlawfully withheld agency enforcement. The courts have generally failed to distinguish either the statutory interests of the protected party versus the regulated party or their intended roles in the statutory decision-making process. They apply the exhaustion requirement and exclusivity of remedies principle in a mechanical fashion. In the future, courts can focus instead upon the benefits and burdens to the statutory scheme entailed by their assumption or denial of jurisdiction. 214 references.
- OSTI ID:
- 7083754
- Journal Information:
- W.Va. Law Rev.; (United States), Journal Name: W.Va. Law Rev.; (United States) Vol. 86:3; ISSN WVLRD
- Country of Publication:
- United States
- Language:
- English
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