SeaWorld vs OSHA goes to Washington DC

Updated November 12, 2013: SeaWorld took its case to Washington D.C. today as they continue the appellate process in an attempt to overturn citations issued by the Occupational Health and Safety Administration (OSHA) following the death of killer whale trainer Dawn Brancheau in 2010. (link to the audio file of today’s oral arguments below)

Eugene Scalia, son of Supreme Court Justice Antonin Scalia, is representing SeaWorld in its appeal against the Department of Labor (DOL), OSHA’s governing body, as they attempt to repeal the federal order and citations that sharply criticized the marine park operator’s safety measures. The abatements required will essentially end SeaWorld’s signature orca/trainer performances.

The younger Scalia, formerly the Labor Department’s top lawyer, along with the law firm Gibson Dunn & Crutcher, went before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit headed by Chief Judge Merrick Garland and Judges Judith Rogers and Brett Kavanaugh. Oral arguments have concluded and the case is in the hands of the judges. It could take as long as several months before a decision is handed down.



The powerhouse legal team is appealing OSHA’s use of the General Duty Clause (an application of the federal OSHA safety law meant to protect workers in unusual circumstances) which OSHA applied in issuing its original citations and fines to SeaWorld. Appeals of Judge Ken Welsch’s original verdict were ultimately upheld by the Occupational Safety and Health Review Commission (OSHRC) leading to this appeal in Washington.

Read SeaWorld’s Appeal documents HERE and DOL/OSHA’s Response Briefs HERE.

LISTEN TO THE FULL AUDIO OF TODAY’S ORAL ARGUMENTS <HERE> (44 min)

To further denote the historical importance of this case- for the first time ever, the U.S. Court of Appeals held oral arguments outside of the annuls of the courtroom and moved the proceedings into a local law school. The court convened Tuesday, November 12 at 9:30 am at Georgetown University Law Center, several blocks away from the U.S. Court of Appeals in Washington, DC. Each side had 15 minutes to present their case.