has been upheld by the Tenth Circuit, in Ramsey Winch Inc. v. Henry. The court of appeals rejected challengers’ Takings Clause claim, Due Process Clause claim, and Occupational Health and Safety Act preemption claim.
The decision reverses a contrary federal trial court decision, and agrees with a federal trial court decision from Florida (Florida Retail Federation, Inc. v. Attorney General, 576 F. Supp. 2d 1281 (N.D. Fla. 2008)). Some excerpts:
Here, the Amendments conflict with no OSHA standard. Moreover, the Oklahoma Court of Criminal Appeals defined the Amendments as