Federal appellate judges, in a split decision on an EPA policy memo, are outlining competing tests for how judges should assess whether OSHA and other agency guidance is a “final action” subject to court review, with the majority acknowledging that the decision is likely to spark a debate in this “somewhat gnarled field of jurisprudence.”
Cal/OSHA is planning an advisory committee hearing to develop first-time construction worker safety rules pertaining to naturally occurring asbestos (NOA), with staff now conducting research to write a discussion draft for the meeting, officials say.
Fearing a patchwork of strict state rules, a variety of consumer product manufacturers is urging EPA to expand its planned or ongoing risk evaluations under the Toxic Substances Control Act (TSCA) in an effort to preempt states from regulating -- or banning -- certain chemicals’ uses.
A pending challenge to a Department of Health and Human Services’ (HHS) liver transplant policy in the U.S. Court of Appeals for the 11th Circuit may be the first appellate case to test the reach of judicial deference courts grant OSHA and other agencies to interpret their regulatory authority under the high court’s recent ruling on the issue.
OSHA is publishing its request for information (RFI) seeking data on whether it should ease the Obama administration’s rule requiring protective equipment for construction workers exposed to crystalline silica, a measure that also opens the door to extending any deregulatory measures to standards covering maritime and general industry.
OSHA is publishing its request for information (RFI) seeking data on whether it should ease the Obama administration’s rule requiring protective equipment for construction workers exposed to crystalline silica, a measure that also opens the door to extending any deregulatory measures to standards covering maritime and general industry.
Federal appeals court judges appeared doubtful at recent oral arguments of citizen groups’ suit aiming to revive Obama-era rules from OSHA and other agencies the GOP scrapped using the Congressional Review Act (CRA) in the early days of the Trump administration, questioning claims that the CRA is unconstitutional and the repeals were unlawful.
Federal appeals court judges appeared doubtful at recent oral arguments of citizen groups’ suit aiming to revive Obama-era rules from OSHA and other agencies the GOP scrapped using the Congressional Review Act (CRA) in the early days of the Trump administration, questioning claims that the CRA is unconstitutional and the repeals were unlawful.
Federal appeals court judges appeared doubtful at recent oral arguments of citizen groups’ suit aiming to revive Obama-era rules from OSHA and other agencies the GOP scrapped using the Congressional Review Act (CRA) in the early days of the Trump administration, questioning claims that the CRA is unconstitutional and the repeals were unlawful.
Supreme Court observers expect lower courts to grant OSHA and other agencies narrower, agency-specific deference to interpret ambiguous regulatory language in the wake of the high court’s recent Kisor v, Wilkie ruling that generally preserved so-called Auer deference but reinforced limits on its use.