789 F.Supp.3d 447
S.D.W. Va2025Background
- Plaintiff Harry Wiley, a coal miner diagnosed with black lung, sued the Secretary of Health and Human Services (HHS) and HHS, challenging the shutdown of the Coal Workers Health Surveillance Program (CWHSP) and related black lung protections under the Mine Act.
- The CWHSP, operated by NIOSH within HHS, is the sole program that conducts medical exams and issues "Part 90" letters enabling miners with pneumoconiosis to transfer to low-dust jobs to limit lung disease progression.
- In April 2025, most NIOSH Respiratory Health Division employees were given reduction-in-force notices and placed on leave, suspending all core CWHSP operations—screening, medical reviews, B-Reader certifications, and program research.
- Wiley and similarly-situated miners are unable to obtain required screenings, submit medical evidence, or secure Part 90 letters due to the shutdown, exposing them to continued harm from dust without the statutory protections Congress provided.
- The plaintiff sought a preliminary injunction to restore the CWHSP and related services; the court reviewed substantial evidence, including employee and expert testimony about the consequences and the lack of transition or alternative arrangements within HHS.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing | Wiley as an active miner with black lung is harmed by loss of CWHSP services, preventing Part 90 access | No injury—Wiley got a response; nothing pending with NIOSH | Wiley likely has standing, is within protected zone, and faces imminent harm |
| Sovereign Immunity | APA waives immunity; challenge is to final agency action under APA | Only APA claim survives; others barred; RIF/employment decisions not reviewable | APA waiver applies; sovereign immunity defense fails for these claims |
| Final Agency Action under APA | Actions are final and eliminate statutorily required services | RIF and shutdown are not final, decision process ongoing, reorg in flux | Shutdown is final agency action; HHS not fulfilling statutory duties |
| Nature of Claims (Employment v. Program) | Claim is about loss of public health services, not employment decisions | Personnel terminations are at core—must be challenged only by employees | Claims are about statutory public health services, not employee terminations |
| Preliminary Injunction Standard | Irreparable harm to miners; public interest served by restoring program | Public/private balance tips in favor of Executive's agency/priority decisions | All Winter factors favor injunction; full restoration of CWHSP required |
Key Cases Cited
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008) (sets four-factor preliminary injunction standard: likelihood of success, irreparable harm, balance of equities, public interest)
- Mountain Valley Pipeline, LLC v. W. Pocahontas Props. Ltd. P'ship, 918 F.3d 353 (4th Cir. 2019) (preliminary injunction is an extraordinary remedy requiring a clear showing)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (defines constitutional standing requirements: injury, causation, redressability)
- Nken v. Holder, 556 U.S. 418 (2009) (harm to opposing party and public interest merge when government is a party in injunction analysis)
- Armstrong v. Exceptional Child Ctr., Inc., 575 U.S. 320 (2015) (equitable power to enjoin unlawful federal executive action)
- Elgin v. Dep’t of Treasury, 567 U.S. 1 (2012) (review of adverse federal employment actions lies exclusively under the CSRA for employees, not program beneficiaries)