BUILDING AND CONST. TRADES DEPT., AFL-CIO v. BROCK

Nos. 86-1359, 86-1360, 86-1410 and 86-1411.

838 F.2d 1258 (1988)

BUILDING AND CONSTRUCTION TRADES DEPARTMENT, AFL-CIO, Petitioner, v. William E. BROCK, Secretary of Labor, Respondent, Asbestos Institute, Minnesota Mining and Manufacturing, Intervenors. AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, et al., Respondents, Asbestos Institute, Minnesota Mining and Manufacturing, Intervenors. ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA, ETC., et al., Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, et al., Respondents, Asbestos Institute, Building and Construction Trades Department, Minnesota Mining and Manufacturing, Intervenors. ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA ETC., et al., Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, et al., Respondents, Asbestos Institute, Building and Construction Trades Department, Minnesota Mining and Manufacturing, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 2, 1988.

As Amended February 2, and April 4, 1988.


Attorney(s) appearing for the Case

George H. Cohen, with whom Jeremiah A. Collins, Cynthia L. Estlund and Laurence Gold, Washington, D.C., were on the brief, for American Federation of Labor and Congress of Industrial Organizations, petitioners in Nos. 86-1359 and 86-1360.

Elihu I. Leifer, Washington, D.C., for Building and Construction Trades Dept., AFL-CIO, petitioner in No. 86-1359 and intervenor in Nos. 86-1360, 86-1410 and 86-1411.

Edward W. Warren, with whom Arthur F. Sampson, III and Timothy S. Hardy, Washington, D.C., were on the brief, for Asbestos Information Ass'n/North America, petitioner in Nos. 86-1410 and 86-1411, and intervenor in Nos. 86-1359 and 86-1360 and Asbestos Institute, intervenor in Nos. 86-1410 and 86-1411. Robert E. Holden and James A. Brown, Washington, D.C., also entered appearances.

Andrea C. Casson, Asst. Counsel for Appellate Litigation, Dept. of Labor, with whom Cynthia L. Attwood, Associate Sol. for Occupational Safety and Health, Dept. of Labor, and Joseph M. Woodward, Counsel for Appellate Litigation, Dept. of Labor, Washington, D.C., were on the brief, for respondent.

Peter G. Nash, Washington, D.C., entered an appearance for intervenor Minnesota Mining and Manufacturing Co.

Before BUCKLEY and WILLIAMS, Circuit Judges, STANLEY A. WEIGEL, Senior District Judge, United States District Court for the Northern District of California.


Opinion for the Court filed by Circuit Judge WILLIAMS.

Opinion dissenting in part filed by Senior District Judge WEIGEL.

WILLIAMS, Circuit Judge.

In July 1986 the Occupational Health and Safety Administration of the Department of Labor ("OSHA" or the "Secretary") issued revised standards governing workers' exposure to asbestos, tremolite, anthophyllite and actinolite (together referred to simply as "asbestos") pursuant to its authority under §...

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