PUBLIC CITIZEN HEALTH RESEARCH GROUP et al v. ACOSTA et al, No. 1:2018cv01729 - Document 17 (D.D.C. 2018)

Court Description: MEMORANDUM OPINION AND ORDER granting Plaintiffs' 10 Motion for Leave to File Supplemental Declarations, denying Plaintiffs' 7 Motion for Preliminary Injunction, and denying Defendants' 13 Motion to Dismiss. Signed by Judge Timothy J. Kelly on 12/12/2018. (lctjk2)

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Dockets.Justia.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA et al. Plaintiffs et al. Defendants MEMORANDUM OPINION AND ORDER PUBLIC CITIZEN HEALTH RESEARCH GROUP et al v. ACOSTA et al Doc. 17 et seq. See Background A. The Electronic Reporting Rule et seq. Id. see also id. Id. See ad hoc See See Id. See id. Id. See OSHA is not accepting Form 300 and 301 information at this time Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses May 2018 Announcement See Id. See id. B. Plaintiffs’ Lawsuit See id. Id. See id. Id. See see also See Id. Id. See See id. See id. Sierra Club v. Jackson Oryszak v. Sullivan Motion to Dismiss A. Legal Standard Haase v. Sessions Kokkonen v. Guardian Life Ins. Co. Maron v. U.S. Capitol Police Bd. Lujan v. Defenders of Wildlife Jerome Stevens Pharm., Inc. v. Food & Drug Admin. United States v. Gaubert Ashcroft v. Iqbal Bell Atl. Corp. v. Twombly Stewart v. Nat’l Educ. Ass’n Iqbal Twombly B. Analysis 1. Standing Lujan Id. Id. Arpaio v. Obama Id. Lujan Lujan Food & Water Watch, Inc. v. Vilsack Bennett v. Spear Id. v. Vilsack Humane Soc’y of the U.S. Equal Rights Ctr. v. Post Props., Inc. See See Bowsher v. Synar Havens Realty Corp. v. Coleman Arbaugh v. Y & H Corp. a. Injury in Fact See, e.g. Action All. of Senior Citizens of Greater Philadelphia v. Heckler People for the Ethical Treatment of Animals v. U.S. Dep’t of Agric. PETA Abigail All. for Better Access to Dev. Drugs v. Eschenbach Abigail All. See See PETA . b. Traceability Steel Co. v. Citizens for a Better Env’t See Bennett c. Redressability Steel Co. collect access See id. See id. Id. See Id. See Nat’l Wrestling Coaches Ass’n v. Dep’t of Educ. abrogated on other grounds by Perry Capital LLC v. Mnuchin See necessarily See Teton Historic Aviation Found. v. U.S. Dep’t of Def. likelihood See Utah v. Evans prove certain Int’l Ladies’ Garment Workers’ Union v. Donovan Cmty. Nutrition Inst. v. Block rev’d on other grounds see also Teton Historic Aviation Found. See Id. Id. 100Reporters LLC v. U.S. Dep’t of Justice Beck v. Dep’t of Justice type Health & Human Servs. See McCann v. U.S. Dep’t of see Bartko v U.S. Mead Data Cent., Inc. v. U.S. Dep’t of the Air Force personal individual’s see also Schrecker v. U.S. Dep’t of Justice identifying individuals Dep’t of Justice Rural Housing All. v. U.S. Dep’t of Agric. see also Cooper Cameron Corp. v. U.S. Dep’t of Labor See Injury & Illness Recordkeeping Forms – 300, 300A, 301 OSHA Forms see also See OSHA Forms supra See See OSHA Forms supra de minimis U.S. Dep’t of State v. Ray de minimis See ACLU v. U.S. Dep’t of Justice Multi Ag Media LLC v. Dep’t of Agric. see also Fed. Labor Relations Auth. v. U.S. Dep’t of Veterans Affairs Mead Data Cent. de minimis See See Dep’t of the Air Force v. Rose See Arieff v. U.S. Dep’t of the Navy Rose Arieff Charles v. Office of the Armed Forces Medical Examiner OSHA Forms supra Id. Arieff Int’l Ladies’ Garment Workers’ Union 2. Justiciability of Agency Action Tex. All. for Home Care Servs. v. Sebelius Banzhaf v. Smith see also Heckler v. Chaney Sierra Club v. Jackson See Assassination Archives & Research Ctr. v. CIA Sec’y of Labor v. Twentymile Coal Co. Robbins v. Reagan Chaney Chaney see also Citizens to Preserve Overton Park, Inc. v. Volpe unreviewable Sierra Club see also Chaney See Application: Electronic Submission of Injury and Illness Records to OSHA Injury Tracking suspension are only required is not accepting May 2018 Announcement Clean Air Council v. Pruitt see also Envtl. Def. Fund, Inc. v. EPA Envtl. Def. Fund, Inc. v. Gorsuch Council of the S. Mountains, Inc. v. Donovan see also See Envtl. Def. Fund, Inc. v. Gorsuch see also See Overton Park Id. Id. must See id. see suspend See Robbins it Delta Air Lines, Inc. v. Export-Import Bank of the U.S. substance See Robbins Motion for Preliminary Injunction preliminary A. Legal Standard Winter v. Natural Res. Def. Council Id. Chaplaincy of Full Gospel Churches v. England CityFed Fin. Corp. v. Office of Thrift Supervision Sampson v. Murray Id. see also CityFed Fin. Corp. Nat’l Parks Conservation Ass’n v. Semonite B. Analysis Id. See Chaplaincy id. Wisc. Gas Co. v. FERC Id. irreparable Id. Wisc. Gas Co. the U.S. v. Newby See proposed see also League of Women Voters of Elec. Privacy Info. Ctr. v. Dep’t of Justice see also Akiachak Native Cmty. v. Jewell suspension See after Cf. Natural Res. Def. Council, Inc. v. U.S. EPA delay League of Women Voters See irreparable See League of Women Voters, League of Women Voters Id. See MBI Grp., Inc. v. Credit Foncier du Cameroun reply See Newdow v. Bush see also Fund for Animals v. Frizzell Air Transp. Ass’n of Am., Inc. v. Export-Import Bank of the U.S. OSHA official See see See see also Id. Plaintiffs See, e.g. Sai v. Transp. Sec. Admin. Chaplaincy but see Judicial Watch, Inc. v. U.S. Dep’t of Homeland Sec. Judicial Watch, Inc. Wisc. Gas Co. See GEO Specialty Chems., Inc. v. Husisian Conclusion and Order ORDERED GRANTED DENIED DENIED SO ORDERED.

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