Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
Whether the Occupational Safety and Health Act “preempts all state occupational safety and health laws” relating to issues covered by federal standards “unless they are included in the state plan,” as the Ninth Circuit has held, Indus. Truck Ass’n v. Henry, 125 F.3d 1305, 1311 (9th Cir. 1997); or whether a state may employ supplemental enforcement mechanisms for workplace safety standards even if not included in the state plan, as the Supreme Court of California held in this case.
Case Updates
Cert. petition denied
October 15, 2018
U.S. Chamber files amicus brief urging Supreme Court to grant cert. to resolve whether the Occupational Safety and Health Act preempts state enforcement mechanisms not included in the state’s federally approved workplace safety plan
July 27, 2018
Click here to view the Chamber’s brief.
Hyland Hunt and Ruthanne M. Deutsch of Deutsch Hunt PLLC served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Cert. Petition -- Emerson Electric Co. v. Superior Court of California (U.S. Supreme Court).pdf
- Appendix -- Emerson Electric Co. v. Superior Court of California (U.S. Supreme Court).pdf
- U.S. Chamber Amicus Brief -- Emerson Electric Co. v. Superior Court of California (U.S. Supreme Court).pdf
- National Association of Manufacturers Amicus Brief -- Emerson Electric Co. v. Superior Court of California (U.S. Supreme Court).pdf
- NFIB and Southeastern Legal Foundation Amicus Brief -- Emerson Electric Co. v. Superior Court of California (U.S. Supreme Court).pdf
- Brief in Opposition -- Emerson Electric Co. v. Superior Court of California (U.S. Supreme Court).pdf