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U.S. DEPT. OF LABOR v. TAMPA ELEC. CO.

No. 21-11681.

38 F.4th 99 (2022)

U.S. DEPARTMENT OF LABOR, Petitioner, v. TAMPA ELECTRIC COMPANY, Respondent.

United States Court of Appeals, Eleventh Circuit.

Filed: June 22, 2022.

Attorney(s) appearing for the Case

Louise McCauley Betts , Joseph G. Gilliland , Edmund C. Baird , Elena S. Goldstein , Heather R. Phillips , Melanie A. Stratton , U.S. Department of Labor, Office of the Solicitor, Washington, DC, Jonathan Hoffmeister , Tremelle I. Howard , Office of the Solicitor, US DOL, Sam Nunn Atlanta Federal Center, Atlanta, GA, for Petitioner.

Arthur Grushkow Sapper , Senior Attorney, Melissa A. Bailey , Ogletree Deakins Nash Smoak & Stewart, PC, Washington, DC, for Respondent.

Bradford T. Hammock , Littler Mendelson, PC, McLean, VA, Eric L. Compere , Littler Mendelson, PC, Los Angeles, CA, for Amici Curiae National Association of Manufacturers, Edison Electric Institute, Global Cold Chain Alliance, the International Institute of Ammonia Refrigeration.

Before Newsom, Tjoflat, and Ed Carnes, Circuit Judges.

In this case, we must decide whether the Tampa Electric Company violated OSHA's Hazardous Waste Operations and Emergency Response standard when employees at one of its power plants responded to an ammonia release without donning certain protective gear. Because we conclude that the release of ammonia at Tampa Electric's plant...

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