Inside OSHA

July 2, 2020

11th Circuit Liver Policy Ruling Sidesteps Agency ‘Deference’ Question

October 3, 2019 at 11:26 AM
The U.S. Court of Appeals for the 11th Circuit in a ruling on the government’s liver transplant policy has avoided weighing in applying the Supreme Court’s test for when to defer to OSHA and other agencies in interpreting their regulatory authority, but does embrace the high court’s instruction to first look for a clear answer in the law. While the 11th Circuit in a Sept. 25 ruling in Randall Callahan, et al. v. Department of Health and Human Services (HHS)...

Already a subscriber? Please log in using the form on this page.

Not a subscriber? Sign up for a 30 day trial.