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MENOMINEE TRIBAL ENTERPRISES v. SOLIS

No. 09-2806.

601 F.3d 669 (2010)

MENOMINEE TRIBAL ENTERPRISES, Petitioner, v. Hilda L. SOLIS, Secretary of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Glenn C. Reynolds (argued), Madison, WI, for Petitioner.

Mark J. Lerner, I (argued), Department of Labor, Appellate Litigation, Washington, DC, for Respondent.

Before POSNER, FLAUM and WOOD, Circuit Judges.

POSNER, Circuit Judge.

The Menominee Indian tribe owns a sawmill on its reservation in Wisconsin. The Department of Labor cited the tribe (technically the tribal entity that operates the sawmill, but it has no substantial existence apart from the tribe) for violations of OSHA, 29 U.S.C. §§ 651 et seq., rejecting the tribe's contention, renewed in this petition to review the Department's decision, that it is exempt. The Department asks us to ignore...

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