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.https://leagle.com/images/logo.png
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.
MORITZ, Circuit Judge.
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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