JTB Tools & Oilfield Services, L.L.C. v. United States
2016 U.S. App. LEXIS 13968
| 5th Cir. | 2016Background
- JTB Tools, a patent holder and lessor of a safety device (Rotary Head Speed Clamp), petitioned OSHA in Aug. 2014 for a new safety standard requiring use of its device (or equivalent) in oil and gas extraction.
- OSHA denied the petition and a subsequent request for reconsideration, concluding the requested narrow standard conflicted with OSHA’s broader regulatory priorities.
- JTB sued in district court under the APA and the Fifth Amendment, seeking a declaration that OSHA must publish the proposed rule for public comment (effectively compelling rulemaking).
- OSHA moved to dismiss or transfer under 29 U.S.C. § 655(f), arguing the courts of appeals have exclusive jurisdiction to review OSHA standards and denials of rulemaking petitions; the district court transferred the case to the Fifth Circuit.
- The Fifth Circuit held it has exclusive jurisdiction over denials of rulemaking under § 655(f), and further ruled JTB waived its merits arguments by failing to brief them adequately, dismissing the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 655(f) bars district court jurisdiction over OSHA’s denial of a rulemaking petition | JTB: § 655(f) applies only to standards actually issued; no standard was issued, so district court retains jurisdiction | OSHA: § 655(f), read with the APA, gives courts of appeals exclusive jurisdiction over both issued standards and denials/failures to act | Court: § 655(f) grants exclusive jurisdiction in the courts of appeals over OSHA-issued standards and denials/refusals to initiate rulemaking; transfer was proper |
| Whether the plaintiff preserved/briefed merits claims adequately on appeal | JTB: focused briefing on remand; contends it may elect issues to brief and preserved rights/defenses | OSHA: JTB failed to brief merits (no legal standards or authorities), so claims are waived | Court: JTB inadequately briefed merits claims and waived them; case dismissed |
Key Cases Cited
- Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83 (jurisdiction must be decided before merits)
- Oil, Chem. & Atomic Workers Union v. Occupational Safety & Health Admin., 145 F.3d 120 (statutory grant to courts of appeals covers agency denials/failure to act)
- Action on Smoking & Health v. Dep’t of Labor, 28 F.3d 162 (review of agency inaction falls to courts of appeals under similar statutes)
- FCC v. ITT World Commc’n, 466 U.S. 463 (litigants may not evade Congress’s designated appellate forum by suing in district court)
- Int’l Union v. Chao, 361 F.3d 249 (challenge to OSHA’s refusal to initiate rulemaking falls within courts of appeals’ exclusive § 655(f) jurisdiction)
- Telecommc’n Research & Action Ctr. v. FCC, 750 F.2d 70 (forum-selection principles where statute vests review in a particular court)
- Willis v. Cleco Corp., 749 F.3d 314 (appellate waiver for inadequately briefed claims)