59 F.4th 1349 (2023)

Cody L. ADAMS, Rose M. Adamson, Joseph P. Agius, Dara W. Allick, Jennifer A. Angel, Michael T. Angelo, Sammy Aponte, Alicia K. Austin-Zito, Luke M. Badaracco, Chad J. Bargstein, et al., Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 14, 2023.

Attorney(s) appearing for the Case

Molly A. Elkin , McGillivary Steele Elkin LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by Theodore Reid Coploff , Gregory K. McGillivary.

Albert S. Iarossi , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton , Eric P. Bruskin , Eric Laufgraben , Patricia M. McCarthy , Catharine Parnell , Liridona Sinani ; Adam Garret Eisenstein , Douglas Seth Goldring , Office of General Counsel, Federal Bureau of Prisons, United States Department of Justice, Washington, DC.

Craig Becker , American Federation of Labor and Congress of Industrial Organizations, Washington, DC, for amicus curiae The American Federation of Labor and Congress of Industrial Organizations. Also represented by Matthew Ginsburg , Raven Hall.

Allison Giles , National Treasury Employees Union, Washington, DC, for amicus curiae National Treasury Employees Union. Also represented by Paras Naresh Shah , Julie M. Wilson.

Dissenting opinion filed by Circuit Judge Reyna, in which Circuit Judge Newman joins.

This case involves differential payment programs established by the Office of Personnel Management (OPM), via regulations promulgated pursuant to 5 U.S.C. §§ 5545(d) and 5343(c)(4), to provide hazardous duty and environmental differential pay to federal employees. Plaintiffs-Appellants appeal from a Court of Federal...

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