DELEK REF., LTD. v. OCC. SAFETY AND HEALTH COM'N

No. 15-60443.

845 F.3d 170 (2016)

DELEK REFINING, LIMITED, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Thomas E. Perez, Secretary, Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Filed December 29, 2016.


Attorney(s) appearing for the Case

Mark S. Dreux, Sr. , Arent Fox, L.L.P., Washington, DC, for Petitioner.

M. Patricia Smith , Scott Glabman, Esq. , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Jonathan Lee Snare , Alana F. Genderson , Morgan, Lewis & Bockius, L.L.P., Washington, DC, for Amici Curiae.

Before DENNIS, ELROD, and GRAVES, Circuit Judges.


Delek Refining, Limited purchased an oil refinery in Tyler, Texas from Crown Central. After the transfer in ownership, the Occupational Safety and Health Administration conducted an inspection and issued a citation for violations of its process safety management rules, which govern an employer's responsibility...

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