Legal Opinion
Louisiana Chemical Association v. Eula Bingham, Occupational Safety and Health Administration, and Raymond J. Donovan
Court of Appeals for the Fifth Circuit
Decided September 30, 1981No. 80-3724PublishedCited by 18 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
This case raises the issue of whether a records access requirement promulgated by the Secretary of Labor pursuant to Section 6(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 655(b) (1976), is in fact a “standard,” authorized by Section 6 or is instead a “regulation,” authorized under the inspection and record-keeping provisions of Section 8, 29 U.S.C. § 657. The distinction is decisive in locating jurisdiction for appeals from administrative action under the Act. Congress specifically vested exclusive jurisdiction to review Section 6…
2Cases cited14 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Zuber v. AllenSupreme Court of the United States · 1970
- Industrial Union Dept., AFL-CIO v. American Petroleum InstituteSupreme Court of the United States · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. John Spilotro Herbert Blitzstein and Joseph C. BlaskoCourt of Appeals for the Ninth Circuit · 1986
- Rosie Quarles v. Fred St. Clair, Individually and as Commissioner of the Mississippi State Department of Public WelfareCourt of Appeals for the Fifth Circuit · 1983
- Chamber of Commerce of the United States v. United States Department of LaborCourt of Appeals for the D.C. Circuit · 1999
- United Steelworkers of America v. AuchterCourt of Appeals for the Third Circuit · 1985
- Mid-Louisiana Gas Company v. Federal Energy Regulatory Commission, Consolidated Gas Supply Corporation v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1981
13 more not listed; retrieve them via the Exa API.