On March 26, 2024, WLF filed a supplemental amicus letter with the Third Circuit, asking it 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 letter, which was drafted by David Morrell, Jacqueline Holmes, and Ryan Proctor of Jones Day. The amicus letter explained that the Secretary’s power to order “affirmative action” under relevant law encompasses only remedial actions, not punitive actions like sanctions. And besides, preliminary reinstatement orders under Sarbanes-Oxley have concrete legal effect no matter if the Secretary has authority to issue sanctions. WLF originally filed an amicus brief in the case on October 18, 2023.
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