Sturm, Ruger & Co., Inc. v. Occupational Safety and Health Administration

This is an appeal from the denial of a motion to quash an inspection warrant obtained by the Occupational Safety and Health Administration (OSHA). On March 4, 1999, this court denied the request of petitioner Sturm, Ruger & Co. to stay execution of the warrant pending appeal. The inspection has since been completed, and OSHA has announced that citations may be forthcoming. Pointing to these developments, respondent now moves for dismissal of the appeal for lack of administrative exhaustion. Petitioner’s various challenges to the warrant, it argues, must be raised in any enforcement proceeding…