News & Analysis as of

Administrative Procedure Act Occupational Safety and Health Administration Supreme Court of the United States

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Challenges Loom for OSHA and OSHRC Amid Quorum Issues, Potential ALJ Removals, and Recent Supreme Court Jurisprudence

“The Times They Are a-Changin’” isn’t just a Bob Dylan song title—it is also a fairly accurate description of what has been happening in the arena of the Occupational Safety and Health Administration (OSHA) and the...more

Foley & Lardner LLP

No More Chevron Deference: What Does This Mean for Employers?

Foley & Lardner LLP on

From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more

Littler

OSHA in the Post-Chevron Era: What’s Next for the Agency?

Littler on

On June 28, 2024, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, overturned its four-decade long Chevron doctrine announced by the Court in its landmark decision of Chevron U.S.A. Inc....more

Conn Maciel Carey LLP

Destabilized But Not Yet Deconstructed: Analysis of This Momentous SCOTUS Term for the Administrative State

Conn Maciel Carey LLP on

The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with...more

Venable LLP

A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

Venable LLP on

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron...more

Morgan Lewis

Practical Guidance on Labor and Employment Issues in a Post-Chevron World

Morgan Lewis on

With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more

Parker Poe Adams & Bernstein LLP

Chevron's Overruling Raises Questions Over OSHA's Regulatory Authority

The intricacies of federal administrative law can feel far removed from business’s day-to-day operations, but the Supreme Court’s decision last week in Loper Bright Enterprises v. Raimondo could have profound impacts on the...more

ArentFox Schiff

Five Administrative Law Takeaways From Recent Supreme Court Decisions

ArentFox Schiff on

The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major...more

Fox Rothschild LLP

OSHA Withdraws COVID-19 ETS

Fox Rothschild LLP on

OSHA has advised the 6th Circuit Court of Appeals that it is withdrawing the emergency temporary standard (ETS) for employers with 100 or more employees. Formal notice will be published in the Federal Register on January 26. ...more

Husch Blackwell LLP

SCOTUS Considers Arguments Regarding Stay of CMS Vaccine Mandate

Husch Blackwell LLP on

On Friday, January 07, 2022, the United States Supreme Court heard oral arguments on a rule promulgated by the Centers for Medicare & Medicaid Services (“CMS”) requiring healthcare workers at specific facilities participating...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2020 #3

SCOTUS: Title VII Protects LGBTQ and Transgender Employees. On June 15, 2020, the Supreme Court of the United States released its historical decision in Bostock v. Clayton County, Georgia, holding that discrimination against...more

Williams Mullen

Environmental Notes - July 2016

Williams Mullen on

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

Conn Maciel Carey LLP

OSHA Engages in Backdoor Rulemaking — Courtesy of the Supreme Court

Conn Maciel Carey LLP on

OSHA is attempting to reap the policy-making benefits of a Supreme Court decision that lets regulatory agencies offer new (even contradictory) interpretations of existing rules without following the Administrative Procedure...more

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