Forum
U.S. Court of Appeals for the D.C. Circuit
Case Status
Decided
Docket Number
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
- Petition for Review -- Brick Industry Assn. v. DOL, OSHA (D.C. Circuit).pdf
- Chambers Motion to Intervene -- Brick Industry Assn. v. DOL, OSHA (D.C. Circuit).pdf
- Nonbinding Statement of Issues of Petitioner Brick Industry Assn. -- Brick Industry Assn. v. DOL, OSHA (D.C. Circuit).pdf
- Chambers' Reply re Motion to Intervene -- Brick Industry Assn. v. DOL, OSHA (D.C. Circuit).pdf
- Chamber Intervenors Brief -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit)
- Brief for Respondents -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit)
- Amicus Brief of American Thoracic Society, et al. -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Joint Brief of Industry Respondent-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Brief in Intervention of Petitioners-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Chamber's Intervenor for Petitioner Reply Brief -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit)
- Reply Brief of Petitioners-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Joint Reply Brief of Industry Petitioners -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Final Brief for Respondents -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Final Brief in Intervention of Petitioners-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Final Corrected Reply Brief of Petitioners-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Final Brief for Petitioners-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Final Reply Brief for Petitioners-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Joint Opening Brief of Industry Petitioners -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Joint Reply Brief of Industry Petitioners -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Joint Brief of Industry Respondent-Intervenors -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Joint Supplemental Appendix -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Joint Opening Brief of Industry Petitioners -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Opinion -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf
- Order -- North America's Building Trades Unions v. OSHA, DOL (D.C. Circuit).pdf