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HOUSTON AQUARIUM v. OCCUPATIONAL SAFETY AND HEALTH

No. 19-60245.

965 F.3d 433 (2020)

HOUSTON AQUARIUM, INCORPORATED, and its Successors, Petitioner v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Eugene Scalia, Secretary, U.S. Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Filed July 15, 2020.

Attorney(s) appearing for the Case

Richard A. Sheehy , R. Edward Perkins , Sheehy, Ware & Pappas, P.C., Houston, TX, for Petitioner.

John X. Cerveny , Occupational Safety & Health Review Commission, Kate S. O'Scannlain , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Amy S. Tryon , Scott Glabman, Esq. , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Eugene Scalia, Secretary, U.S. Department of Labor.

Sara Beth Watson , Charles G. Cole , Steptoe & Johnson, L.L.P., Washington, DC, for Amicus Curiae Association of Zoos & Aquariums.

Before BARKSDALE, HIGGINSON, and DUNCAN, Circuit Judges.

The Houston Aquarium seeks review of the Occupational Safety and Health Review Commission's (OSHRC's) decision affirming the application of the Occupational Health and Safety Administration's (OSHA's) commercial diving safety regulations to the dives its staff members perform to feed animals housed at the Aquarium...

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