Case docket
BST Holdings, L.L.C. v. Occupational Safety and Health Administration — U.S. Court of Appeals for the Fifth Circuit, No. 21-60845
BST Holdings, L.L.C. v. Occupational Safety and Health Administration — 2 court filings in the archive from U.S. Court of Appeals for the Fifth Circuit, filed between November 5, 2021 and November 16, 2021.
Case facts
| Court | U.S. Court of Appeals for the Fifth Circuit |
|---|---|
| Filings | 2 public filings |
| Filed | 2021-11-05 – 2021-11-16 |
| Document types | motion (1), notice (1) |
| Original PDFs | 2 of 2 |
Case summary
Sixteen corporate petitioners and six individual petitioners filed this petition for review in the U.S. Court of Appeals for the Fifth Circuit, No. 21-60845, on November 5, 2021, under section 6(f) of the Occupational Safety and Health Act, 28 U.S.C. § 655(f), and Federal Rule of Appellate Procedure 15. They sought review of the Emergency Temporary Standard on occupational exposure to COVID-19 issued by the Occupational Safety and Health Administration and published at 86 Fed. Reg. 61402 to 61555, which required employers with more than 100 employees to mandate full vaccination or to subject unvaccinated workers to weekly testing and masking. The other filing on this page is the respondents' notice of November 16, 2021 that the Secretary asked the Judicial Panel on Multidistrict Litigation to consolidate thirty-four petitions for review.
Case at a glance
| Parties | Petitioners as captioned in the petition: BST Holdings, LLC; RV Trosclair L.L.C.; Trosclair Airline LLC; Trosclair Almonaster LLC; Trosclair and Sons LLC; Trosclair & Trosclair, Inc.; Trosclair Carrollton LLC; Trosclair Claiborne LLC; Trosclair Donaldsonville, LLC; Trosclair Houma LLC; Trosclair Judge Perez LLC; Trosclair Lake Forest LLC; Trosclair Morrison LLC; Trosclair Paris LLC; Trosclair Terry LLC; Trosclair Williams LLC; Ryan Dailey; Jasand Gamble; Christopher L. Jones; David John Loschen; Samuel Albert Reyna; and Kip Stovall. Respondents: Occupational Safety and Health Administration and the United States Department of Labor; the later caption also names the Secretary of Labor, the Assistant Secretary for Occupational Safety and Health, additional petitioners and the States of Texas, Louisiana, Mississippi, South Carolina and Utah |
|---|---|
| Court and docket | U.S. Court of Appeals for the Fifth Circuit, No. 21-60845 |
| Program | Not named in the filings on this page. The measure at issue is OSHA's COVID-19 vaccination and testing Emergency Temporary Standard, 86 Fed. Reg. 61402-61555 (November 5, 2021) |
| Claims | That the Emergency Temporary Standard exceeds OSHA's authority under its enabling statute, exceeds Congress's authority under the Interstate Commerce Clause, and exceeds Congress's authority under the nondelegation doctrine |
| Disposition or status | No order or opinion of the court of appeals is on this page. The petition was filed November 5, 2021; on November 16, 2021 the respondents notified the court that the Secretary had filed a notice with the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 2112(a)(3) requesting consolidation of thirty-four petitions for review of the same final agency action, filed in eleven courts of appeals, and their assignment to a single circuit |
| Status checked | 2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read |
What does the petition challenge?
The Emergency Temporary Standard addressing occupational exposure to COVID-19, issued by OSHA and published in the Federal Register on November 5, 2021 at Volume 86, pages 61402 through 61555, which the petition describes as requiring all employers with more than 100 employees to mandate that their workers be fully vaccinated against COVID-19 or to subject unvaccinated workers to weekly COVID-19 testing and masking at work.
On what grounds?
Three: that the standard exceeds OSHA's authority under its enabling statute, that it exceeds Congress's authority under the Interstate Commerce Clause, and that it exceeds Congress's authority under the nondelegation doctrine.
Who are the petitioners?
The petition states that the sixteen corporate petitioners are a management company and fifteen locally owned supermarkets trading as Ralph's Market, Butcher Boy and Save A Lot, incorporated in Louisiana with their principal place of business there, under common ownership and management, employing almost 500 workers combined, and that the six individually named petitioners are residents of Texas and employees of CaptiveAire Systems, Inc., a corporation with approximately 1,500 employees.
Summary written from the documents on this page; every sentence is sourced.
Filings
2 public filings from this case, in filing-date order.
Court, dates and docket numbers are as recorded on the filings.