American Tort Reform Ass'n v. Occupational Safety & Health Administration

Summary

The D.C. Circuit denied the American Tort Reform Association’s petition for review of OSHA’s revision to the preemption language in its Hazard Communication standard. The court held that OSHA lacked authority to issue a binding determination concerning the OSH Act’s preemptive effect, that the challenged language was merely interpretive and not subject to notice-and-comment rulemaking or judicial review, and that the challenge was unripe.

Holdings

1. OSHA lacks authority to issue a rule carrying the force of law determining the preemptive effect of the OSH Act; paragraph (a)(2) therefore does not establish a binding legal norm on preemption.
2. Paragraph (a)(2) was an interpretative statement and was not subject to notice-and-comment rulemaking under the APA.
3. Paragraph (a)(2) was not subject to judicial review because it was not final agency action and OSHA had not relied on or applied it to support an agency action in a particular case.
4. ATRA's challenge was not ripe for judicial review.

Questions Presented

1. Whether OSHA had authority to issue a rule carrying the force of law concerning the preemptive effect of the OSH Act.
2. Whether paragraph (a)(2), as modified, was a legislative rule subject to notice-and-comment rulemaking under the APA.
3. Whether paragraph (a)(2) was subject to judicial review as final agency action.
4. Whether ATRA's challenge to paragraph (a)(2) was ripe for judicial review.

Disposition

writ_denied