ROVNER, Circuit Judge.
An inspector of the Mine Safety and Health Administration cited Black Beauty Coal Company (which since has changed its name to Peabody Midwest Mining, LLC) for violating a federal regulation requiring a protective mound, or "berm," along "the outer bank of elevated roadways." See 30 C.F.R. §§ 77.1605(k), 77.2(d). Black Beauty contested the citation
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