Litigation

The U.S. Department of Agriculture (USDA) has rejected a Freedom of Information Act (FOIA) request for details on a hog slaughter facility’s application to use a new USDA inspection program that critics say will hurt workers’ safety, highlighting a lack of public data on the process that is central to a pending worker safety challenge to the program.

OSHA is fighting a refining company’s legal bid to limit the “substantial continuity” test used to determine a new company owner’s liability for violations of agency policies, urging a federal appeals court to find that five violations by the refiner were “repeat” and subject to stricter penalties rather than stand-alone “serious” violations.

EPA is defending its first-time toxics rule banning consumer uses of paint strippers containing methylene chloride from dual challenges filed by a chemical industry group and a coalition of labor and environmental groups, charging the industry claims fail on the merits while the coalition’s arguments are “unripe” and “unreviewable.”

A federal district court judge at a recent hearing questioned the U.S. Department of Agriculture (USDA) over its justification for not including worker safety provisions in its revised swine slaughter facility inspection rule, according to a Public Citizen attorney who is suing over the rule for failing to protect against increased risks to facility workers.

A federal appeals court is slated to hear arguments this spring in a case in which OSHA is challenging a decision by its review panel that raised the bar for when the agency can cite a company for “repeat” violations of workplace safety requirements and impose stricter penalties than for non-repeat “serious” violations.

EPA has declined to seek en banc rehearing of the recent appellate ruling that requires the agency to consider chemicals’ “legacy uses” in its Toxic Substances Control Act (TSCA) evaluations, and a spokesman says the agency is now considering issuing supplemental analyses for some already issued evaluations to account for the court’s requirement.

An Oklahoma refiner is urging a federals appeals court to scrap an OSHA review panel’s decision upholding an agency enforcement action against an Oklahoma refiner for alleged process safety management (PSM) standard violations, a finding that industry officials say unfairly and “dramatically” expands the PSM rule’s reach.

Major industry groups are seeking to intervene on EPA’s behalf in litigation brought by environmentalists and a labor union challenging the agency’s rollback of Obama-era Risk Management Plan (RMP) facility safety mandates, an action the industry groups may need should President Trump lose re-election and the next administration abandons its defense of the rollback.

A federal appeals court judge says a psychiatric hospital faces a “tough argument” to make in its appeal of a penalty OSHA imposed under its General Duty Clause authority for not adequately addressing workplace violence, doubting the facility’s claim that the lack of a specific agency directive of how to reduce the hazard violates due process.

Litigation filed by food workers unions over the U.S. Department of Agriculture’s (USDA) revised swine slaughter facility inspection rule is testing whether the department has a duty to protect workers, with the challengers saying the rule is unlawful because it does not offer such protections while USDA says it is not subject to such a mandate.