Legal Opinion

Beaver Plant Operations, Inc. v. Alexis M. Herman, Secretary of Labor Occupational Safety and Health Review Commission

Court of Appeals for the First Circuit

Decided September 7, 2000No. 99-2257PublishedCited by 7 opinions

1Opinion of the Court

TORRUELLA, Chief Judge.

The appellant, Beaver Plant Operations, Inc., seeks review of the Final Judgment of the Occupational Health and Safety Review Commission. For the reasons discussed below, we vacate the citation.

BACKGROUND

I. Factual Background

The following facts are not in dispute. Beaver runs a wood-burning electricity plant in Livermore Falls, Maine. One of the buildings in Beaver’s plant has a 140-foot tall emissions stack on its roof with a steel ladder attached to its side.

On August 26, 1996, the body of an employee of Eastmount Environmental, an outside environmental testing…

2Cases cited9 opinions

  1. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  2. Cape and Vineyard Division of the New Bedford Gas and Edison Light Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the First Circuit · 1975
  3. Diamond Roofing Co., Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, S. D. Mullins Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, Lance Roofing Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of LaborCourt of Appeals for the Fifth Circuit · 1976
  4. Diebold, Inc. v. MarshallCourt of Appeals for the Sixth Circuit · 1978
  5. Faultless Division, Bliss & Laughlin Industries, Inc., a Corporation v. Secretary of Labor, and Occupational Safety and Health Review CommissionCourt of Appeals for the Seventh Circuit · 1982

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Modern Continental Construction Co. v. Occupational Safety & Health Review CommissionCourt of Appeals for the First Circuit · 2002
  2. P. Gioioso & Sons, Inc. v. Occupational Safety & Health Review CommissionCourt of Appeals for the First Circuit · 2012
  3. Securities & Exchange Commission v. SargentCourt of Appeals for the First Circuit · 2000
  4. Hanna v. Secretary of the ArmyCourt of Appeals for the First Circuit · 2008
  5. Hanna v. Secretary of the ArmyCourt of Appeals for the First Circuit · 2008

2 more not listed; retrieve them via the Exa API.

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