Legal Opinion

Delek Refining, Ltd. v. Occupational Safety & Health Review Commission

Court of Appeals for the Fifth Circuit

Decided December 29, 2016No. 15-60443PublishedCited by 10 opinions

1Opinion of the Court

JENNIFER WALKER ELROD, Circuit Judge:

Delek Refining, Limited purchased an oil refinery in Tyler, Texas from Crown Central. After the transfer in ownership, the Occupational Safety and Health Administration conducted an inspection and issued a citation for violations of its process safety management rules, which govern an employer’s responsibility to inspect, and to develop inspection and recording regimes for, machinery that handles large volumes of hazardous chemicals. Because we conclude that the citations for Items 4 and 12 are barred by the six-month statute of limitations in 29 U.S.C. §…

2Cases cited23 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
  3. Christensen v. Harris CountySupreme Court of the United States · 2000
  4. National Ass'n of Home Builders v. Defenders of WildlifeSupreme Court of the United States · 2007
  5. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991

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3Cited by10 opinions

  1. ExxonMobil Pipeline Co. v. United States Department of TransportationCourt of Appeals for the Fifth Circuit · 2017
  2. R. Acosta, Secretary, LABR v. Hensel Phelps ConstrCourt of Appeals for the Fifth Circuit · 2018
  3. Texas v. United StatesDistrict Court, S.D. Texas · 2018
  4. USA v. Luminant Generation Co.,L.L.C., et aCourt of Appeals for the Fifth Circuit · 2018
  5. Sanderson Farms, Incorporated v. OSHCCourt of Appeals for the Fifth Circuit · 2020

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