RESPONDENT: Occupational Safety and Health Commission
LOCATION: Environmental Protection Agency
DOCKET NO.: 75-746
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fifth Circuit
CITATION: 430 US 442 (1977)
ARGUED: Nov 29, 1976
DECIDED: Mar 23, 1977
McNeill Stokes - for petitioners
Robert H. Bork - for respondents
Facts of the case
Media for Atlas Roofing Company, Inc. v. Occupational Safety and Health CommissionAudio Transcription for Oral Argument - November 29, 1976 in Atlas Roofing Company, Inc. v. Occupational Safety and Health Commission
Audio Transcription for Opinion Announcement - March 23, 1977 in Atlas Roofing Company, Inc. v. Occupational Safety and Health Commission
Warren E. Burger:
The judgments and opinion of the Court in 75-746, Atlas Roofing against Occupational Safety and Health Review Board and the related case of 75-748, along with an unrelated case 75-1753 Santa Fe Industries against Green will each be announced by Mr. Justice White.
Byron R. White:
In the Atlas Roofing and Frank Irey cases, two Courts of Appeals decided that the Federal Occupational Safety and Health Act could be enforced by the administrative in position of civil crimes subject to judicial review, but at no stage subject to the intervention of a jury.
We affirm that those judgments, we owe to that to the Seventh Amendment which generally provides for jury trials and civil cases are not applicable to statutory enforcement proceedings.
Mr. Justice Blackmun took no part in the decision of these cases.