Court officials announced late last week that an AGC of America-backed lawsuit to block the Obama Administration’s misguided new silica rule will be heard in the D.C. Circuit Court. AGC, via the Louisiana AGC, filed suit in the 5th Circuit earlier this month to block the measure, arguing that the Administration established a new standard that is beyond the technological limits of current dust removal equipment. As a number of other groups filed similar motions in other circuit courts, judicial officials were forced to select a venue via random lottery. While the DC Circuit is considered less favorable than the 5th Circuit, some of the circuit’s prior case law does appear favorable.
As we mentioned in our earlier communications on this lawsuit, the legal challenge is a long, lengthy, and far-from certain tactic. That is why AGC is continuing to push for legislation in Congress to force the Administration to put in place workable silica measures that will be far more effective in improving workplace health and safety.
For more information, contact Kevin Cannon at cannonk@agc.org or 703-837-5410.