AGR. RETAILERS ASSOCIATION v. U.S. DEPT. OF LABOR

No. 15-1326. Consolidated with 15-1340.

837 F.3d 60 (2016)

AGRICULTURAL RETAILERS ASSOCIATION and The Fertilizer Institute, Petitioners v. UNITED STATES DEPARTMENT OF LABOR and Occupational Safety & Health Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 23, 2016.


Attorney(s) appearing for the Case

Gary H. Baise , Stewart D. Fried , Washington, DC, Chris S. Leason , Mark C. Dangerfield , and Andrew E. Dudley , Phoenix, AZ, were on the joint briefs for petitioners. Anson M. Keller Sr. , Washington, DC, entered an appearance.

Ann S. Rosenthal , Associate Solicitor, Occupational Safety & Health Administration, Charles F. James , Counsel, U.S. Department of Labor, and Lauren S. Goodman , Senior Attorney, U.S. Department of Labor, were on the brief for respondents.

Randy S. Rabinowitz , Seattle, WA, was on the brief for movant-intervenor for respondents.

Before: ROGERS, SRINIVASAN and MILLETT, Circuit Judges.


The Occupational Safety and Health Administration, part of the Department of Labor, aims to secure "safe and healthful working conditions" for the Nation's workers. 29 U.S.C. § 651(b). To that end, OSHA in 1992 issued the so-called Process Safety Management Standard to protect...

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