No specific laws identified for this ruling.
The court granted the petition for review in part and denied it in part. The court remanded the training requirement provision as arbitrary and capricious because MSHA failed to adequately explain why annual hands-on training was required instead of quarterly training as recommended by NIOSH research. The court denied the petition regarding the refuge volume provision, finding it was a logical outgrowth of the proposed rule and neither arbitrary nor capricious.
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