United States DC Circuit

Plaintiff's petition for review of a compliance directive is dismissed for lack of jurisdiction where the directive under the Occupational Safety and Health Act only reiterated a preexisting occupational safety or health standard and did not promulgate a new one.

Appellate Information

• Argued 11/09/2004
• Decided 06/14/2005
• Published 06/14/2005

Judges

• GARLAND, Circuit Judge., Before:  EDWARDS, HENDERSON, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen C. Yohay argued the cause for petitioner.   With him on the briefs were Edward H. Comer and J. Bruce Brown.  James F. Laboe entered an appearance.


• For Appellees:
  
• Lee Grabel, Attorney, U.S. Department of Labor, argued the cause for respondent Secretary of Labor.   With him on the brief were Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Counsel.