U.S. Court of Appeals for the D.C. Circuit

Case Status


Oral Argument Date

September 26, 2017


Case Updates

D.C. Circuit rejects industry challenges to OSHA’s Silica Rule

December 22, 2017

Click here to view the opinion.

U.S. Chamber intervenes in D.C. Circuit challenge to OSHA’s Silica Rule

June 10, 2016

The U.S. Chamber, North Dakota Chamber, and Oklahoma Chamber asked the D.C. Circuit for permission to intervene in a challenge to OSHA’s new “Silica Rule,” which amends OSHA’s existing regulations regarding employee exposure to respirable crystalline silica in construction, general industry, and maritime operations. The motion explains that the Silica Rule imposes burdensome new requirements on businesses regarding employee exposure to respirable crystalline silica. The Rule is expected to impose more than a billion dollars in new compliance costs every year on businesses that collectively employ more than two million people in the United States.

The motion to intervene was granted on 7/28/2016.

William S. Consovoy, Thomas R. McCarthy and J. Michael Connolly of Consovoy McCarthy Park PLLC served as counsel for the proposed intervenors.

Case Documents