September 22, 2023
6th Circuit To Hear ‘Non-Delegation’ Challenge To OSHA Standard-Setting Power
An Ohio construction company is preparing to ask the U.S. Court of Appeals for the 6th Circuit to hold much of OSHA’s regulatory program unconstitutional under the non-delegation doctrine that limits Congress’ ability to give agencies rulemaking discretion, after a district court rejected its claims as lacking any “binding or persuasive authority." The firm, Allstates Refractory Contractors, filed an appeal with the 6th Circuit on Sept. 12, signaling it will ask that court to block OSHA from enforcing most of...
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