DC Circuit - The FindLaw DC Circuit Court of Appeals Opinion Summaries Blog

December 2017 Archives

Challenge to Workplace Silica Rule Rejected

As a rule, no silica is good silica.

That actually is a rule of the Occupational Safety and Health Administration. Or in the words of the U.S Circuit Court of Appeals for the District of Columbia, it is "no exposure level below which workers would not be expected to develop adverse health effects."

Industry groups had challenged the zero tolerance rule, which is designed to protect workers from exposure to the chemical compound. But in North America's Building Trades Unions v. Occupational Safety & Health Administration, the appeals court upheld it.

Recently, the issue of whether unaccompanied minor immigrant detainees, including unaccompanied minors, should have the right to get an abortion has been in the national spotlight. This is due to a change in federal policy that now prohibits the feds (HHS) from "facilitating" an abortion for this specific class of detainees. That policy seems to have led to the recently espoused and misguided sensationalist view that immigrants are illegally entering the country in order to secure free abortions.

A pair of recently decided cases by the federal district court in D.C. not only sheds light on the intricacies involved, but may also provide the basis for future cases. While the district court approved of the abortions in both cases, only one of the two cases will be challenged on appeal due to how far along each petitioner is in their pregnancy.

Reporters Get Win in 'Fake Reporters' Case

With continued political spin, "fake news" has come to mean "news reports that are not true." It's a political definition.

But there is another kind of "fake news." It's when the government or others pretend to be reporters and disseminate false information.

That's what the Reporters Committee for Freedom of the Press is looking for -- records that FBI agents impersonated reporters for its investigations. The U.S. Circuit Court of Appeals for the District of Columbia says the "real press" is entitled to it.