1. What were the Association’s objections to the final rule?
2. Why did the court deny the petition and sustain the final rule?

Randolph, Circuit Judge:
Two fatal accidents at West Virginia coal mines in January 2006 prompted the Mine Safety and Health Administration—MSHA—to adopt emergency safety measures.. MSHA, an agency within the Department of Labor, concluded that the West Virginia miners might have survived if there had been portable oxygen devices .