INDUSTRIAL UNION DEPARTMENT, AFL-CIO, et al., Petitioners,
v.
James D. HODGSON, Secretary, Department of Labor, Respondent,
Environmental Defense Fund, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 4, 1973.
Decided April 15, 1974.
Rehearing Denied June 27, 1974.
Attorney(s) appearing for the Case
George H. Cohen, Washington, D. C., with whom Elliot Bredhoff, Washington, D. C., was on the brief, for petitioners. Michael H. Gottesman, Washington, D. C., also entered an appearance for petitioners.
Walter H. Fleischer, Atty., Dept. of Justice, with whom Eric B. Chaikin, Atty., Dept. of Justice, was on the brief, for respondent. Michael J. Levin, Atty., U. S. Dept. of Labor, Michael Kimmel, Atty., Dept. of Justice, and Baruch A. Fellner, Atty., Appellate Litigation of Div. of Occupational Safety and Health, Dept. of Labor, also entered appearances for respondent.
Scott H. Lang, Washington, D. C., of the bar of the U. S. District Court for the District of Columbia, pro hac vice by special leave of court, with whom John F. Dienelt, Washington, D. C., was on the brief, for intervenor.
Alan B. Morrison and Arthur L. Fox, II, Washington, D. C., filed a brief on behalf of Health Research Group as amicus curiae, urging reversal.
Joseph W. Burns, New York City, filed a brief on behalf of Asbestos Information Assn./North America as amicus curiae, urging affirmance. John P. Keegan also entered an appearance for amicus curiae Asbestos Information Assn./North America.
Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
McGOWAN, Circuit Judge:
This direct review proceeding presents a classic case of what Judge Friendly has aptly termed "a new form of uneasy partnership" between agency and court that results whenever Congress delegates decision making of a legislative character to the one, subject to review by the other. Associated Industries v. United States Dept. of Labor, 487 F.2d 342, 354 (2nd Cir. 1973). The angularity of this relationship is...
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