Legal Opinion

Secretary of Labor v. Conocophillips Bayway Refinery

Court of Appeals for the Third Circuit

Decided August 16, 2011No. 10-2893PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

In this appeal, although ConocoPhillips Bayway Refinery is the real party in interest, we are asked to decide between different interpretations of agency regulations— the one announced by the Secretary of Labor, the other by the Occupational Safety and Health Review Commission. Both entities are part and parcel of the Department of Labor. In this appeal, because two factions within the same government agency disagree with each other over the application of a standard, we are thrust into resolving what is essentially an internal dispute. We do so here,…

2Cases cited7 opinions

  1. Cuyahoga Valley Railway Co. v. United Transportation UnionSupreme Court of the United States · 1985
  2. Robert B. Reich, Secretary of Labor, United States Department of Labor v. D.M. Sabia Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1996
  3. Wal-Mart Stores, Inc. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2005
  4. Secretary of Labor v. Trinity Industries, Inc.Court of Appeals for the Third Circuit · 2007
  5. Robert Reich, Secretary of Labor, United States Department of Labor, in No. 92-3297 v. Occupational Safety and Health Review Commission and Erie Coke Corporation, Erie Coke Corporation, in No. 92-3313 v. Robert Reich, Secretary of Labor, United States Department of Labor, Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1993

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3Cited by2 opinions

  1. Corn v. Target CorporationDistrict Court, N.D. Illinois · 2023
  2. Francis J. Palo Inc v. Secretary United States DepartCourt of Appeals for the Third Circuit · 2019

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