Jottings By An Employer's Lawyer

Monday, May 31, 2004

MSHA Covers Mines Whose Only Sales Are Intrastate

Rebuffing a jurisdictional challenge, the Court of Appeals for the Second Circuit holds Congress was within its power under the commerce clause in extending safety regulations for mines to those whose product is sold solely to intrastate purchasers. D.A.S. Sand & Gravel, Inc. v. Chao (2nd Cir. 5/26/04) [pdf]. Although it does not say it is a case of first impression, it cites no other circuit or district court decisions.

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