The Limits of OSHA’s Reach: 5th Circuit Applies Loper Bright to Invalidate an OSHA Regulation
Two years after the Supreme Court overturned Chevron deference in Loper Bright Enterprises v. Raimondo, the Fifth Circuit has given employers an early example of how the new framework may reshape OSHA enforcement. In Exxon Mobil Corp. v. Occupational Safety and Health Review Commission, decided July 21, 2026, the Fifth Circuit held that Section 8 of the Occupational Safety and Health Act (OSH Act), 29 U.S.C. § 657(c)(2), does not authorize OSHA to require employers to record work-related mental illnesses. As a remedy, the Fifth Circuit set aside the citation and penalty and vacated OSHA’s recordkeeping regulation covering mental illnesses, 29 C.F.R. § 1904.5(b)(2)(ix). More broadly, the Fifth Circuit explained that Congress delegated only limited authority to OSHA via the OSH Act, allowing the agency to create rules governing physical work-related injuries and illnesses under Section 8 of the OSH Act—and not other topics such as mental illness.
In Landmark TSCA Decision, Fifth Circuit Vacates EPA’s Methylene Chloride Rule, Limits EPA’s Interpretation of “Unreasonable Risk”
On September 15, 2026, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit vacated the EPA’s 2024 risk management rule for methylene chloride and the unreasonable-risk determination underlying it. East Fork Enterprises, Inc. v. EPA, Nos. 24-60227 & 24-60256 (5th Cir. Sept. 15, 2026). The Court granted the industry petitioners’ petition for review, denied Sierra Club’s separate challenge seeking more stringent regulation, and remanded the matter to the EPA.
Fifth Circuit Limits EPA’s Attempts to Regulate PFAS Under Toxic Substances Control Act in Inhance Technologies v. EPA
On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated two U.S. Environmental Protection Agency (EPA) orders under Section 5 of the Toxic Substances Control Act (TSCA), holding that EPA had exceeded its statutory authority when it issued the orders in an attempt to regulate the manufacture of per- and polyfluorinated substances (PFAS) by petitioner Inhance Technologies, LLC (Inhance). The Fifth Circuit’s decision comes after EPA’s Office of Enforcement and Compliance Assurance announced its National Enforcement and Compliance Initiatives for Fiscal Years 2024 – 2027, which involve increased emphasis on addressing PFAS exposure and contamination through enforcement actions and potential additional regulations.
U.S. Fifth Circuit Reverses EPA’s Denial of Fuel Program Hardship Exemption for Refineries
In Calumet Shreveport Refining LLC v. EPA, Case No. 22-60266 (5th Cir. Nov. 22, 2023), the U.S. Court of Appeals for the Fifth Circuit struck down Environmental Protection Agency (EPA) denials of six small refineries’ petitions for hardship relief under the Clean Air Act Renewable Fuel Standard (RFS) program, holding that EPA used an “impermissibly retroactive” standard to deny the refineries’ petitions in violation of the Administrative Procedure Act. This ruling could serve as a basis for other refineries to challenge EPA’s retroactive denial of their hardship petitions — and provides support for similar petitions pending before the U.S. Court of Appeals for the D.C. Circuit.
