Trinity Industries, Inc. v. Lynn Martin, Secretary of Labor, Lynn Martin, Secretary of Labor

E. GRADY JOLLY, Circuit Judge:

Lynn Martin, Secretary of Labor, appeals from the district court’s entry of summary judgment in favor of Trinity Industries, Inc. (Trinity), in which it declared certain rights of Trinity in an OSHA investigation, including Trinity’s right to be present during employee interviews. We find that the district court erred in finding that Trinity had standing to bring this action, vacate the district court’s judgment, and dismiss the case for lack of subject matter jurisdiction.

I

On April 11, 1990, an industrial accident occurred at Trinity’s Fort Worth, Texas plant,…