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WESTERN GROWERS ASSN. v. OCCUPATIONAL SAFETY & HEALTH STANDARDS BD.

No. A162343.

73 Cal.App.5th 916 (2021)

289 Cal. Rptr. 3d 71

WESTERN GROWERS ASSOCIATION et al., Plaintiffs and Appellants, v. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

December 21, 2021.

Attorney(s) appearing for the Case

Sheppard, Mullin, Richter & Hampton, David A. Schwarz , Kent R. Raygor , Barbara Taylor , Matthew T. Lin and Zachary J. Golda for Plaintiffs and Appellants.

NFIB Small Business Legal Center, Inc., Karen R. Harned , Rob Smith ; Benbrook Law Group, PC, Bradley A. Benbrook and Stephen M. Duvernay for National Federation of Independent Business Small Business Legal Center as Amicus Curiae on behalf of Plaintiffs and Appellants.

Rob Bonta , Attorney General, Michael L. Newman , Assistant Attorney General, James F. Zahradka , II. Lisa Cisneros , Vilma Palma-Solana , Anthony V. Seferian, James E. Stanley and William H. Downer , Deputy Attorneys General, for Defendants and Respondents.

Altshuler Berzon, Stacey M. Leyton , Barbara J. Chisholm and Stefanie L. Wilson for Service Employees International Union, SEIU California State Council, United Farm Workers of America, International Brotherhood of Teamsters, United Food and Commercial Workers Union Western States Council, California Teachers Association, California School Employees Association, California Federation of Teachers, California Federation of Interpreters Local 39000 TNG-CWA, SMART-Transportation Division California State Legislative Board and the California Labor Federation as Amici Curiae on behalf of Defendants and Respondents.

Impact Fund, Lindsay Nako , David S. Nahmias and Andrea A. Núñez for Impact Fund, California Rural Legal Assistance, Inc., Asian Americans Advancing Justice|Los Angeles, Bet Tzedek, Centro Legal de la Raza, California Rural Legal Assistance Foundation, Disability Rights California, Disability Rights Education & Defense Fund, Labor & Employment Committee of the National Lawyers Guild, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Legal Aid at Work, Legal Aid of Marin, Legal Services of Northern California, National Employment Law Project, Occupational Safety & Health Law Project, Public Counsel, Public Interest Law Project, San Diego Volunteer Lawyer Program, Western Center on Law & Poverty and Worksafe, Inc., as Amici Curiae on behalf of Defendants and Respondents.

OPINION

Western Growers Association, California Farm Bureau Federation, California Business Roundtable, Grower-Shipper Association of Central California, California Association of Winegrape Growers, and Ventura County Agricultural Association (appellants) challenged the emergency temporary standards (ETS) promulgated...

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