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

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Docket Number



Case Updates

Petition for review denied

April 16, 2010

The D.C. Circuit denied NCLC's petition for review.

U.S. Chamber urges D.C. Circuit to review assessment of multiple penalties for a single OSHA violation

February 06, 2009

NCLC urged the DC Circuit to review and invalidate a new OSHA rule that assesses penalties for each worker affected by a single OSHA violation, instead of assessing a single penalty for a single violation. The Occupational Safety and Health Act requires OSHA to assess a penalty for each “condition” or “practice,” not for each employee. The new OSHA rule radically expands the scope and cost of penalties for OSHA violations.

Petition for review filed 2/6/09. Statement of issues and docketing statement filed 3/16/09. Plaintiffs’ opening brief filed 7/6/09. Defendants’ brief filed 8/19/09. Amicus brief in support of defendants filed 9/3/09. Plaintiffs’ reply brief filed 9/17/09. Moot court held 10/29/09. Oral argument held 11/5/09. Petition for review denied 4/16/10.

Case Documents