Texo ABC/AGC, Inc. v. Acosta

In May 2016, the Occupational Safety and Health Administration (OSHA) issued a rule entitled “Improve Tracking of Workplace Injuries and Illnesses,” 81 Fed. Reg. 29624 (revised at 81 Fed. Reg. 31854). The rule sets various electronic reporting requirements concerning workplace injury and illness. In July, 2016, several industry groups filed suit to challenge the rule.

In March 2017, Public Citizen Litigation Group, representing Public Citizen Health Research Group, American Public Health Association, Council of State and Territorial Epidemiologists, and Center for Media and Democracy, filed a motion to intervene as defendants to defend the lawfulness of rule. Although OSHA had defended the rule during the prior presidential administration, executive orders and memoranda from the new administration reflect an intent to rescind or weaken regulations, raising doubts as to OSHA’s commitment to defending the rule and prompting our motion to intervene to defend it.

On June 29, 2017, the government asked the Court to stay proceedings in the case until OSHA decides whether to reconsider, revise, or remove portions of the rule at issue, noting that OSHA will propose additional rulemaking that could directly affect the scope of the Rule. On June 30, 2017, the Court administratively closed the case.