The D.C. Circuit’s KC Transport Decision: More Questions than Answers

Podcasts

8.28.23

The D.C. Circuit Court of Appeals issued its long-awaited decision regarding whether MSHA has jurisdiction over a trucking company’s facility that exists off mine property. And while many expected the Court to provide meaningful guidance on MSHA’s jurisdictional reach to non-mining companies and non-mine locations, the Court’s decision actually answers very little. Instead, the Court asked MSHA to further consider certain issues, presumably setting up a second round of litigation. In this episode, Arthur and Chris discuss the important jurisdictional issues in the case, the significance of the Court’s decision and what we can expect going forward.

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