SCALIA v. WYNNEWOOD REFINING CO., LLC

No. 19-9533, No. 19-9578.

978 F.3d 1175 (2020)

Eugene SCALIA, Secretary of Labor, Petitioner/Cross-Respondent, v. WYNNEWOOD REFINING CO., LLC; Respondent/Cross-Petitioner, and Occupational Safety & Health Review Commission, Respondent. Corn Refiners Association; National Oilseed Processors Association; American Chemistry Counsel; American Fuel & Petrochemical Manufacturers; American Petroleum Institute, Amici Curiae. Eugene Scalia, Secretary of Labor, Petitioner/Cross-Respondent, v. Wynnewood Refining Co., LLC; Respondent/Cross-Petitioner, and Occupational Safety & Health Review Commission, Respondent. Corn Refiners Association; National Oilseed Processors Association; American Chemistry Counsel; American Fuel & Petrochemical Manufacturers; American Petroleum Institute, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED October 27, 2020.


Attorney(s) appearing for the Case

Eric J. Conn and Micah R. Smith , Conn Maciel Carey LLP, Washington, D.C., for Respondent/Cross-Petitioner.

Ronald J. Gottleib , Senior Trial Attorney, United States Department of Labor, Washington, D.C. ( Kate S. O'Scannlain , Solicitor of Labor, Edmund C. Baird , Associate Solicitor of Labor for Occupational Safety and Health, Charles F. James , Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., with him on the briefs), for Petitioner/Cross-Respondent.*

Michele Schoeppe , American Chemistry Counsel, Washington, D.C.; Johnathan L. Snare and Alana Genderson , Morgan Lewis & Bockius LLP, Washington D.C.; Richard Moskowitz , American Fuel & Petrochemical Manufacturers, Washington, D.C.; and Maryam Hatcher , American Petroleum Institute, Washington, D.C., filed an amicus curiae brief on behalf of Respondent/Cross-Petitioner, for American Chemistry Counsel, American Fuel & Petrochemical Manufacturers, and American Petroleum Institute.

James H. Hulme , Mark S. Dreux , and Alexandra M. Romero , Arent Fox LLP, Washington, D.C., filed an amicus curiae brief on behalf of Respondent/Cross-Petitioner, for the Corn Refiners Association and National Oilseed Processors Association.

Before BACHARACH, MURPHY, and MORITZ, Circuit Judges.


After a boiler exploded at a refinery, the Occupational Safety and Health Administration (OSHA) cited the refinery's owner, Wynnewood Refining Co., LLC, (Wynnewood or Wynnewood LLC), for violating 29 C.F.R. § 1910.119, which sets forth requirements for the management of highly hazardous chemicals. The Occupational Safety...

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