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Administrative Law Keyed to Popper
Donovan v. Dewey
Citation:
452 U.S. 594 (1981)Facts
In July 1978, a federal mine inspector attempted to inspect quarries owned by Waukesha Lime and Stone Co. to determine whether 25 previously identified safety and health violations had been corrected. After the inspector had been on site for approximately one hour, Douglas Dewey, the company’s president, refused to allow the inspection to continue without a search warrant. The inspector issued a citation to Waukesha for terminating the inspection, and the Secretary of Labor subsequently filed a civil action seeking to enjoin the defendants from refusing warrantless searches authorized by the Federal Mine Safety and Health Act. The Act requires inspection of all underground mines at least four times annually and all surface mines at least twice annually, with no advance notice permitted. The mining industry has a documented history of serious accidents and unhealthful working conditions, which Congress sought to address through this comprehensive regulatory scheme.
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