Wynnewood Refining Co., LLC v. Occupational Safety and Health Review Commission, No. 19-60357 (5th Cir. 2019)
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After the Secretary of Labor issued Wynnewood Refining multiple citations alleging safety violations at its Oklahoma refinery, Wynnewood contested the citations. The Commission modified five violations by recharacterizing them as less severe than the Secretary alleged. The Secretary appealed to the Tenth Circuit and Wynnewood appealed to the Fifth Circuit.
When, as in this case, none of the petitions was filed within ten days of the challenged agency decision, the Commission shall file the record in the court in which proceedings with respect to the order were first instituted. Once the agency properly files the record where a petition for review was first filed, all courts other than the court in which the record was filed under 28 U.S.C. 2112, shall transfer those proceedings to the court in which the record was so filed. In this case, the Tenth Circuit appeal was filed first and thus the court granted the Secretary's motion to transfer the appeal to the Tenth Circuit.
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