Legal Opinion
Workplace Health & Safety Council v. Robert B. Reich, Secretary of Labor
Court of Appeals for the D.C. Circuit
Decided June 20, 1995No. 94-1413PublishedCited by 16 opinions
1Opinion of the Court
SENTELLE, Circuit Judge:
In a pre-enforcement proceeding, petitioner Workplace Health and Safety Council (the “Council”) challenges a Department of Labor (“DOL”) rulemaking under the Occupational Safety and Health Act (“OSH Act”), 29 U.S.C. § 651 et seq. (1988), claiming that the DOL failed to address a variety of claims allegedly raised in petitioner’s comments to the proposed rule and that the rule itself is unconstitutional. Because we conclude that the challenged OSH rule is a regulation, rather than an OSH “standard,” as defined in 29 U.S.C. § 652(8), we dismiss this petition for lack of…
2Cases cited3 opinions
- United Steelworkers of America v. AuchterCourt of Appeals for the Third Circuit · 1985
- Louisiana Chemical Association v. Eula Bingham, Occupational Safety and Health Administration, and Raymond J. DonovanCourt of Appeals for the Fifth Circuit · 1981
- Wellife Products v. ShalalaCourt of Appeals for the D.C. Circuit · 1995
3Cited by16 opinions
- Al-Fayed v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2001
- National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
- Sturm Ruger Co Inc v. Chao, ElaineCourt of Appeals for the D.C. Circuit · 2002
- Chamber of Commerce of the United States v. United States Department of LaborCourt of Appeals for the D.C. Circuit · 1999
- Citizen Potawatomi Nation v. SalazarDistrict Court, District of Columbia · 2009
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