6th Circuit Dismisses Petition to Lower PELs on Administrative Grounds

CINCINNATI, Ohio -- The 6th Circuit has rebuffed efforts by a coal miner to lower the limits of airborne silica and coal dust in mines, saying that while it has jurisdiction over claims of agency inaction, the plaintiff must first "exhaust his administrative remedies." In re: Scott Howard, No. 08-5799 (6th Cir.).

In the July 6 opinion, the U.S. Court of Appeals for the 6th Circuit specifically said petitioner Scott Howard must first petition for rulemaking to the agency before it can review the proceedings.

"Howard in this case did not petition for rulemaking to the agency," the 6th …