Litigation

A medical sterilizer is suing EPA over its rule limiting occupational exposures to ethylene oxide (EtO) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a move that comes after the agency announced it will reconsider its air toxics rules for such facilities and puts more pressure on EPA to overturn a key EtO risk assessment.

A three-judge panel of the 11th Circuit appeared skeptical during recent oral argument of a construction company’s arguments that OSHA’s multiemployer citation policy is unreasonable on its face and that the agency’s “selective” enforcement of the policy is also unreasonable.

Labor unions are seeking to eliminate questions raised during recent oral argument about their standing to challenge the Biden-era TSCA framework rule for evaluating existing chemicals’ risks by providing the D.C. Circuit with what they say are clear declarations of how the rule would harm their members.

A federal district court judge has dismissed for the second time litigation alleging North Carolina labor officials were administering the state’s workplace safety plan in violation of the federal OSH Act, finding the case raises no new issues from a previously dismissed challenge.

A panel of D.C. Circuit judges appear likely to rule on the merits of the Biden-era TSCA framework rule laying out procedures for evaluating existing chemicals’ risks to workers and others, after judges repeatedly questioned EPA and industry attorneys’ arguments that the court lacks jurisdiction to do so.

A federal appellate court has backed calls from labor and other groups to hear oral arguments March 21 in a case over EPA’s Biden-era TSCA framework rule laying out the procedures for evaluating -- and thus regulating -- worker and other risks under the law, though the court has directed the parties to discuss EPA’s request to remand the rule.

ExxonMobil is asking the 5th Circuit to vacate an administrative law judge’s (ALJ) findings of improper recordkeeping for failing to properly log work-related mental illnesses following a 2021 accident at the company's Texas facility, in a case that could test OSHA policies governing which medical professionals are qualified to make such determinations.

The Trump EPA is signaling plans to scale back Biden-era approaches for evaluating -- and thus regulating -- worker and other risks under TSCA, asking a federal appellate court to remand the so-called “framework” rule so that officials can reconsider it “in its entirety,” Nancy Beck, EPA’s newly appointed deputy chemicals chief, told the court.

The Trump EPA is indicating its plans to initiate a new rulemaking to reconsider the Biden administration’s Risk Management Program (RMP) final rule, voicing support for industry and GOP state efforts to put into abeyance their ongoing legal challenges to the Biden rule.

Chemical industry groups are suing to overturn the Biden EPA’s rejection of their petition to reconsider its 2024 Risk Management Program (RMP) rule, part of a multi-pronged push by industry groups to rescind the facility-safety regulation.