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EASTERN BRIDGE, LLC v. CHAO

No. 02-1908.

320 F.3d 84 (2003)

EASTERN BRIDGE, LLC; Isaacson Structural Steel, Inc.; Vanguard Manufacturing, Inc.; Monadnock Forest Products, Inc., Plaintiffs, Appellants, v. Elaine L. CHAO, Secretary of Labor, United States Department of Labor; and John L. Henshaw, Assistant Secretary of Labor for Occupational Safety and Health Administration, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 14, 2003.

Attorney(s) appearing for the Case

Richard D. Wayne, with whom Debra Dyleski-Najjar, Brian E. Lewis and Hinckley, Allen & Snyder LLP, were on brief, for appellants.

Gretchen Leah Witt, Assistant United States Attorney, Chief, Civil Division, with whom Thomas P. Colantuono, United States Attorney, were on brief, for appellees.

Before BOUDIN, Chief Judge, FARRIS, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

TORRUELLA, Circuit Judge.

Four New Hampshire companies ("plaintiffs") — Eastern Bridge, LLC, Isaacson Structural Steel, Inc., Vanguard Manufacturing, Inc., and Monadnock Forest Products, Inc. ("Monadnock") — claim that the Occupational Safety and Health Administration ("OSHA") acted ultra vires when it mandated that plaintiffs complete a Data Collection Initiative Survey ("DCI Survey" or "Survey"). They argue that OSHA did not have a final regulation...

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