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Western Growers Assn. v. Occupational Safety & Health Stds. Bd. (CA1/1 A162343, filed 12/21/21, pub. ord. 1/12/22) Cal/OSHA ETS COVID-19 

Mountains and Fields in SalinasWestern Growers Association, California Farm Bureau Federation, California Business Roundtable, Grower-Shipper Association of Central California, California Association of Winegrape Growers, and Ventura County Agricultural Association (appellants) challenged the emergency temporary standards (ETS) promulgated by the California Occupational Safety and Health Standards Board (Board) in response to the COVID-19 pandemic.  After filing suit, appellants sought a preliminary injunction suspending enforcement of the ETS.  The trial court denied the request, concluding appellants had not shown a likelihood of prevailing on the merits and finding the public interest in curbing the spread of COVID-19 weighed “heavily” in favor of ongoing enforcement of the ETS.  On appeal, appellants contend the trial court erroneously applied a deferential standard of review, the findings of emergency (FOE) lacked necessary findings, and the ETS exceeded the Board’s statutory authority.  We affirm the order.