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CHAO v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Nos. 05-61087, 05-61089.

480 F.3d 320 (2007)

Elaine CHAO, Secretary, Department of Labor, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Saw Pipes USA, Inc., Respondents. Elaine Chao, Secretary, Department of Labor, Petitioner, v. Jindal United Steel Corp.; Occupational Safety and Health Review Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

February 21, 2007.

Attorney(s) appearing for the Case

Gary K. Stearman (argued), Charles Franklin James, Michael P. Doyle, U.S. Dept. of Labor, Washington, DC, for Chao.

Ray H. Darling, Executive Sec., OSHA, Washington, DC, for OSHR Com'n.

Thomas Howard Wilson (argued), Sean Michael Becker, Vinson & Elkins, Houston, TX, for Saw Pipes USA, Inc.

Before GARZA, DeMOSS and OWEN, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This case asks us to address the scope of the Occupational Safety and Health Review Commission's ("the Commission") authority to group, for penalty assessment, violations which were charged and proven on a per-instance basis. The statutory framework grants the Commission the authority to assess penalties, but the framework also requires that the Commission assess a penalty between $5,000 and $70,000 for each willful violation. See...

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