Is it standard procedure to consolidate an appeals case using a circuit court lottery? Why can’t the consolidation stay at the 5th Circuit?
Yes. 28 U.S.C. § 1407
Yes, it is standard procedure. Petitions for review of the OSHA ETS were filed in pretty much every U.S. judicial circuit by various parties, including those posturing for a more stringent rule. The Fifth Circuit happened to rule first, on the request for stay submitted to it. But it's typical in these circumstances of multi-district or multi-circuit litigation for a random lottery to be used to determine which federal district court or judicial Circuit will hear a consolidated challenge.