Sorry for the gap in posting. I have been away and have not had access to reliable internet service. Not that much seems to have been happening in the Second Circuit over the past week. Oh, yeah, there's D.A.S. Sand & Gravel, inc. v. Chao, in which a mine operated by petitioner was cited by the Department of Labor for multiple regulatory violations under the Federal Mine Safety and Health Amendments Act of 1977. The petitioner claimed that because all of the coal that it mined was provided to in-state endusers, the Act did not apply. Silly petitioner. The Commerce Clause covers virtually everything, and the Court found that it was Congress's intent to invoke its full authority under the Commerce Clause. The decision was issued on May 26, 2004 and can be found here.