Justia Government & Administrative Law Opinion Summaries

Wal-Mart petitions for review of the decision of the Commission finding that the company failed to comply with 29 C.F.R. 1910.132(d)(1), which requires the company to perform a hazard assessment of its distribution center. The court concluded that the regulation, the preamble, and the non-mandatory appendix fail to resolve the ambiguity as to whether Wal-Mart may use its Searcy hazard assessment as the hazard assessment for the allegedly identical New Braunfels location. In such circumstances, the court gives substantial deference to an agency’s interpretation of its own regulation. While section 1910.132(d)(1) may not require an employer to conduct a full-fledged hazard assessment of all identical workplaces, it is reasonable to interpret section 1910.132(d)(1) to require an employer to confirm that workplaces are indeed identical before a hazard assessment for one workplace can qualify as the hazard assessment for another location. Therefore, the court agreed with the Commission’s conclusion that the Secretary’s interpretation of section 1910.132(d)(1) is reasonable. However, because Wal-Mart lacked adequate notice of that interpretation, the court vacated the citation and the related penalty. View "Wal-Mart Distrib. Center v. OSHC" on Justia Law

Entergy filed a reverse-Freedom of Information Act (FOIA), 5 U.S.C. 552, suit against EPA to prevent the disclosure of documents requested by Sierra Club via a FOIA request. Sierra Club appealed the district court's denial of its motion to intervene. The court concluded that adversity of interest exists between Sierra Club and EPA because Sierra Club’s interests diverge from EPA’s interests in manners germane to this case. Because adversity of interest exists, any same-ultimate-objective presumption of adequate representation is overcome, and the requirement that Sierra Club’s interests be inadequately represented by EPA is satisfied. Accordingly, the court concluded that Sierra Club is entitled to intervene of right. The court reversed and remanded. View "Entergy Gulf States LA, LLC v. EPA" on Justia Law

ATBS and its owner filed a First Amendment retaliation claim against the City of Jackson, alleging that the mayor, acting through city employees, ended support for a development project proposed by ATBS after Hewitt had made public statements claiming corruption in city government. The district court entered judgment as a matter of law (JML) to the city. The court concluded that the city council was the final policymaker with ultimate authority to approve (or reject) project funding. The mayor did not have final authority over individual funding decisions. Accordingly, the court affirmed the judgment. View "Advanced Tech. Bldg. Solutions LLC. v. Jackson, Mississippi" on Justia Law

Texas merchants filed suit challenging Texas’ Anti-Surcharge Law, Tex. Fin. Code 339.001. The district court dismissed for failure to state a claim under Rule 12(b)(6) and denied a preliminary injunction. Merchants claim that the law penalizes them for characterizing pricing as a “surcharge”, while at the same time not prohibiting a “discount” for non-credit-card transactions; and is unconstitutionally vague. Reviewing the parties’ claims de novo, and in the light of the States’ broad authority to regulate economic conduct, the court held that Texas’ law regulates conduct, not speech, and, therefore, does not implicate the First Amendment. Instead, the law ensures only that merchants do not impose an additional charge above the regular price for customers paying with credit cards. Accordingly, the court affirmed the judgment. View "Rowell v. Pettijohn" on Justia Law