EDISON ELEC. INST. v. OCCUPAT. SAFETY & HEALTH AD.

No. 03-1280.

411 F.3d 272 (2005)

EDISON ELECTRIC INSTITUTE, Petitioner v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION and Secretary of Labor, Respondents

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2005.


Attorney(s) appearing for the Case

Stephen C. Yohay argued the cause for petitioner. With him on the briefs were Edward H. Comer and J. Bruce Brown. James F. Laboe entered an appearance.

Lee Grabel, Attorney, U.S. Department of Labor, argued the cause for respondent Secretary of Labor. With him on the brief were Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Counsel.

Before: EDWARDS, HENDERSON, and GARLAND, Circuit Judges.


GARLAND, Circuit Judge.

Edison Electric Institute (EEI) petitions for review of a compliance directive issued by the Occupational Safety and Health Administration in 2003. We conclude that because the directive did not promulgate a new occupational safety or health standard under the Occupational Safety and Health Act, but rather merely reiterated a preexisting standard, this court lacks jurisdiction over EEI's petition for review.

I

The Occupational...

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