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Wiley v. Kennedy

No. 2:25-cv-00227 District · Decided Decided
Court
Federal Court
wvsd
Judge
Irene C. Berger
Decided
Jan 28, 2026
Filed
Apr 7, 2025
Judge (CL)
Irene C. Berger
Filed (CL)
Apr 7, 2025
CL Status
terminated

Case Overview

Harry Wiley, a former coal miner, sued the Department of Health and Human Services over the firing of personnel in the Respiratory Health Division of the National Institute for Occupational Safety and Health which he alleges makes compliance with the Mine Safety and Health Act of 1977 impossible.

The Application

History

Wiley contends that dismantling NIOSH's Respiratory Health Division impairs the agency's capacity to fulfill its statutory obligations, effectively making MSHA compliance impossible for operators. The court evaluated whether such executive staffing decisions exceed HHS's discretion or constitute an unlawful frustration of the statutory scheme.

The Conclusion

The case was decided by the U.S. District Court for the Southern District of West Virginia with Judge Irene C. Berger presiding.

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Docket

CourtListener ↗

Outcome History (7)

  1. May 13, 2025 District
    Preliminary injunction granted Temporary relief

    Preliminary Injunction granted enjoining RIFs and rescinding actions to ensure full restoration of NIOSH Respiratory Health Division.

  2. Aug 14, 2025 District
    Dismissed as moot Neutral

    Order granting motion to file Second Amended Complaint and terminating as moot previous motions related to the Amended Complaint.

  3. Aug 19, 2025 District
    Other Unresolved

    Response in opposition to Renewed Motion to Dismiss the Amended Complaint filed; no ruling on this motion yet.

  4. Aug 28, 2025 District
    Other Unresolved

    Motion to Dismiss the Amended Complaint filed; no ruling on this motion yet.

  5. Sep 30, 2025 District
    Other Relief denied

    Motion for Protective Order denied; defendants ordered to produce administrative record and fulsome responses to discovery within 10 days.

  6. Oct 7, 2025 District
    Stay granted Neutral

    Order staying the case pending Congressional appropriation of funds.

  7. Jan 28, 2026 District
    Stay granted Neutral

    Order granting joint motion to hold case in abeyance and stay the matter.

Federal Court TMR-f641f05d Respiratory Health Division at NIOSH Dismantling May 18, 2026
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