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In Lone Mountain Processing v . Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration
In Lone Mountain Processing v Secretary of Labor, a mining firm railed to respond to a citation from the Mine Safety and Health Administration MSHA for regulatory
violations within days, so the citations became final. The firm protested the refusal to reconsider the matter after days. The appeals court held that the agency was
inconsistent in when it allowed review, which was arbitrary and capricious, so review would be granted.
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