Chamber of Commerce of the United States v. United States Department of Labor
United States Court of Appeals for the District of Columbia Circuit
174 F.3d 206 (1999)
- Written by Lauren Petersen, JD
Facts
The Occupational Safety and Health Administration (OSHA), a division of the United States Department of Labor (Department of Labor) (defendant), issued a directive targeting dangerous work sites. The directive announced OSHA’s intent to inspect specific dangerous work sites, but gave employers the opportunity to remove their work sites from OSHA’s inspection list by participating in a Cooperative Compliance Program (CCP). To participate in the CCP, employers had to implement health and safety standards that exceeded those required by the law. Under the Administrative Procedure Act (APA), 5 U.S.C. § 553, prior to adopting a new rule, a federal agency must publish notice of the rule and then allow for public comment. Under § 553(b)(A), agencies could forgo this notice-and-comment proceeding only when promulgating general statements of policy. The Chamber of Commerce of the United States (plaintiff) sued the Department of Labor, arguing that OSHA’s directive was defective, because it failed to follow the APA’s notice-and-comment procedures.
Rule of Law
Issue
Holding and Reasoning (Ginsburg, J.)
What to do next…
Here's why 803,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
