OSHA Rebuts North Dakota’s Claims In Bid To Dismiss Whistleblower Suit

OSHA attorneys are reiterating their calls for a federal court to dismiss North Dakota’s suit challenging an agency investigation into alleged whistleblower retaliation by the state’s environment department, arguing that a federal court lacks jurisdiction and the state has no sovereign immunity from its enforcement action. “The state’s argument that it is nonetheless immune from the specific proceedings at issue here rest on entirely new claims that are not properly before this Court and, in any event, are unavailing,” states...