Court of Appeals for the Fourth Circuit February 15, 2001, 00-1073 (Eagle Energy, Incorporated v. Secretary of Labor Mine Safety and Health Administration Federal Mine Safety & Health Review Commission)

Dismissed by published opinion. Senior Judge MAGILL wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

MAGILL, Senior Circuit Judge:

Eagle Energy (“Eagle”) appeals both an administrative law judge’s finding that Eagle committed a “significant and substantial” violation of a regulation of the Federal Mine Health and Safety Act of 1977 (the “Act”), and the refusal of the