Two industry groups are seeking to bolster allegations from the chemical sector that EPA’s TSCA rule for the solvent methylene chloride is unlawful, arguing that the agency’s claim of broad discretion to limit or ban chemical uses in order to protect workers is at odds with the Constitution and ignores Congress’s intended role for OSHA.
September 16, 2026
A three-judge 5th Circuit panel is letting stand automakers’ amicus brief opposing EPA’s landmark TSCA rule for chrysotile asbestos that EPA and public-health advocates attacked as improperly adding a host of new legal questions to the case, teeing up what could be complex arguments over which of the group’s claims are properly before the court.
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OSHA is arguing that California highway regulators responsible for the Golden Gate Bridge cannot continue to challenge its Trump-era guidance letter that eased implementation of a long-standing scaffolding safety standard, because officials in the state are not directly bound by the policy and thus have suffered no “injury” from it.
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A Missouri agriculture firm is appealing to federal circuit court an enforcement case where it argued OSHA lacks jurisdiction over fall-prevention in train loading -- an argument that an administrative law judge (ALJ) said is at odds with a nearly 30-year-old policy balancing the agency’s authority against that of the Federal Railroad Administration (FRA).
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Industry trade groups and individual companies are asking the 5th Circuit to scrap EPA’s rule governing methylene chloride for a litany of reasons, saying the agency ignored research on the chemical’s dangers, improperly refused to consider their workers’ use of protective gear and misapplied science to craft a strict workplace exposure limit, among other claims.
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The U.S. Court of Appeals for the 5th Circuit is weighing an enforcement appeal about the bar employers must clear to show compliance with OSHA’s machine-guarding standard, including whether they can rely on evidence that their safety practices are in line with “industry custom” -- a claim that an attorney for the agency said at oral argument could “eviscerate the OSH Act” if judges back it.
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Vehicle manufacturers say EPA’s Trump-era evaluation of industrial and commercial uses of chrysotile asbestos overestimated exposures, cherry-picked data and used flawed science to find that that nearly all such applications pose “unreasonable risk” to workers, backing chemical-sector groups’ calls to scrap both the rule based on the review and the analysis itself.
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Unions representing industrial workers and firefighters, as well as a broad coalition of environmentalists and public-health advocates, are urging the U.S. Court of Appeals for the 5th Circuit to conclude that EPA’s landmark TSCA rule for chrysotile asbestos is unlawfully weak, arguing that the agency unjustifiably declined to regulate or even evaluate risks from several uses of the mineral.
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David Michaels, who led OSHA for nearly all of the Obama administration, says local authorities should issue their own workplace protections for heat rather than waiting for the federal agency to enact its proposed standard, noting that a final version is likely years away and probably would be scrapped under a second Trump administration.
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A New Jersey steel fabricator is asking a federal district court to declare the Occupational Safety and Health Review Commission (OSHRC) unconstitutional, aiming to build on new Supreme Court precedent limiting when Congress can allow administrative law judges (ALJs) rather than federal courts to review OSHA and other agencies’ enforcement actions.
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