Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution of the issues presented, the API case invites analysis as a primary example of judicial involvement in an unsettled and controversial area of law.
Elizabeth C. Gay,
Scrutiny of OSHA Regulations in the Courts: A Study of Judicial Activism,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol14/iss3/7