On October 18, 2023, WLF urged the Third Circuit to affirm the dismissal of a suit by two former Exxon employees to enforce a preliminary order of the Occupational Safety and Health Administration. WLF joined the U.S. Chamber of Commerce, the Association of American Railroads, and the National Manufacturers Association on the amicus brief, which was drafted by David Morrell, Jacqueline Holmes, and Ryan Proctor of Jones Day. In their brief urging affirmance, amici argue that the plain text of Sarbanes-Oxley authorizes judicial enforcement only of final—not preliminary—orders. Statutory context and history reinforce this conclusion. In contrast, plaintiffs’ policy arguments for overriding the statute’s plain meaning improperly imply a cause of action where Congress did not create one—a practice the Supreme Court rejected long ago.


WLF amicus brief