Blue Mountain Energy v. Director, Office of Workers' Compensation Programs, United States Department of Labor

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting argument that APA required ALJ to reopen record to allow employer to respond to findings of regulatory preamble because employer' was aware of preamble's scientific findings and had ample opportunity to challenge them
• “It is well-settled in this Circuit that an issue listed, but not argued in the opening brief is waived.” (internal quotation marks omitted)
• “In sum, we view the preamble as a scientific primer that helps explain why the agency amended the regulation to add ‘legal pneumoconiosis’ to the definition of ‘pneumoconiosis.’”

Source: CourtListener parenthetical corpus (CC0).