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ECHO POWERLINE v. OCCUPATIONAL SAFETY & HEALTH

No. 19-60695.

968 F.3d 471 (2020)

ECHO POWERLINE, L.L.C., 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 August 3, 2020.

Attorney(s) appearing for the Case

Jane Henican Heidingsfelder , John R. Guenard , P.J. Kee , Jones Walker, L.L.P., New Orleans, LA, for Petitioner.

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

Brian Alan Broecker , Kate S. O'Scannlain , U.S. Department of Labor, Office of the Solicitor, Washington, DC, John X. Cerveny , Occupational Safety & Health Review Commission, for Respondent Eugene Scalia, Secretary, U.S. Department of Labor.

Before Davis, Graves, and Duncan, Circuit Judges.

Rehanging downed powerlines poses obvious risks of electrocution and death. To minimize those dangers, an OSHA regulation requires power companies to use "the tension-stringing method, barriers, or other equivalent measures." 29 C.F.R. § 1926.964(b)(1). The point...

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