The US federal appeals court ruled favourably in two consolidated cases brought separately by the UMWA and Jim Walters Resources involving final regulations issued by the MSHA.

National Mining Association (NMA) said the decision represented a significant victory for the underground coal industry that, without the ruling, was required to undergo a costly and time-consuming variance process.

NMA’s brief in support of Jim Walters Resources challenged a standard included in the final rule that would have limited the velocity of air used in ventilation.

The court said MSHA had not provided the public with the opportunity to comment on its rule.

"We’re pleased with the court’s recognition that regulatory agencies must be held to a basic requirement for fairness," NMA senior vice president Hal Quinn said.