OSHA Seeks To Dismiss North Dakota Challenge Of Whistleblower Probe

OSHA is asking a federal district court to dismiss North Dakota’s lawsuit challenging an OSHA investigation into alleged whistleblower retaliation by the state’s Department of Environmental Quality (NDDEQ), arguing that sovereign immunity does not shield the state from federal enforcement actions. The state’s claims in North Dakota v. Department of Labor, et al. are both legally flawed and procedurally barred because OSHA already concluded its investigation and because sovereign immunity does not apply to enforcement actions brought by the...