Labels:book | reckoner | tree | windowpane OCR: sion review. followed by judicial review in the courts of appeals Petitionier's primary argument (Br. 23) from the legis- lative history of the Act IS based on the Senate Report passing citation of the Fourth Circuit' decision ut Birumi- TOuS Coat Operators' As5'n Secretary Interior 547 F.2d 240 (1977) {DCOA} which the court concluded that the predecessor statute the Mine Safety Aci dlid not bar distriet court jurisdiction over pre-enforcement challenge See Rep No. 181. susppra, at 14 1: peti- tioner concedes (Br 22 23 however. the Senate Report's citation BCOA referred only the merits the Fourth Circuit's decision, which concerned the authoriti of the Secretary enforce the against construction companies mine site. Petitioner nonethel less argues (BF 22 that Congress ratified that deci isi ...
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