This afternoon, the United States Supreme Court issued an order effectively blocking the implementation and enforcement of the ETS. The Court’s decision was the result of various petitions filed by states and private businesses seeking emergency relief from a December 17, 2021 determination by the Sixth Circuit Court of Appeal allowing the ETS to take effect.

Surprisingly, the Sixth Circuit issued a determination late Friday, December 17, lifting the pause and allowing the OSHA rule to take effect. In doing so, the Sixth Circuit stated that “[t]he harm caused by keeping the emergency temporary standard frozen outweighs any damage that would stem from letting it go into effect.”