Federal Miner Silica Rule Challenged by Clay Mining Association

A new rule protecting miners from breathable silica dust is under challenge in federal appeals court.

The Sorptive Minerals Institute, representing companies that surface mine the absorbent clay used for cat litter and a host of other products, filed a petition for review Monday with the US Court of Appeals for the Eighth Circuit in St. Louis.

The lawsuit appears to be first filed to challenge the US Mine Safety and Health Administration rule issued April 18. Opponents of the regulation said its restrictions on the use of respirators at surface mines and its outdoor air sampling requirements make ...