The outcome of this decision may drastically affect the Secretary’s ability to enact substantive rules without involving the industry. A decision permitting MSHA to avoid its rulemaking responsibilities will provide MSHA with a freer hand to regulate by fiat AM

Patrick W. Dennison is an associate in Jackson Kelly PLLC’s Pittsburgh office, practicing in the Occupational Safety and Health Practice Group. He can be reached at 412-434-8815 or pwdennison@jacksonkelly.com.