AMERICAN IRON AND STEEL INSTITUTE, Jones & Laughlin Steel Corporation, National Steel Corporation, Sharon Steel Corporation, Shenango, Incorporated, United States Steel Corporation, Wheeling-Pittsburgh Steel Corporation, Petitioners in Nos. 76-2358 and 76-2371,
Republic Steel Corporation, Petitioner in Nos. 76-2359 and 76-2372,
Bethlehem Steel Corporation, Petitioner in No. 76-2424,
Armco Steel Corporation, Petitioner in No. 76-2629,
Crucible Materials Group and Colt Industries, Inc., Cyclops Corporation, Inland Steel Company, Petitioners in No. 76-2630,
Youngstown Sheet and Tube Company, Petitioner in No. 77-1016,
American Coke and Coal Chemicals Institute, Petitioner in No. 77-1025,
C F & I Steel Corporation, Petitioner in No. 77-1088,
v.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, United States of America, Respondent,
United Steelworkers of America, AFL-CIO, Intervenor.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 5, 1978.
Decided March 28, 1978.
Attorney(s) appearing for the Case
Max O. Truitt, Jr., Michael S. Schooler, Wilmer, Cutler & Pickering, Washington, D. C., for petitioners in Nos. 76-2358, 76-2371, 76-2424, 76-2629, 76-2630, 77-1016, 77-1025; Robert R. Morris, Hacker & Morris, Washington, D. C., Raymond T. Cullen, Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.
David J. Toomey, Frank E. Morris, Pennie & Edmonds, New York City, for petitioner in Nos. 76-2359 and 76-2372; Edward P. Weber, Jr., Republic Steel Corp., Cleveland, Ohio, Joseph W. Swain, Jr., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., of counsel.
Miles C. Cortez, Jr., Welborn, Dufford, Cook & Brown, Denver, Colo., for petitioner in No. 77-1088.
Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety and Health, Allen H. Feldman, Asst. Counsel for Appellate Litigation, Dennis K. Kade, Charles I. Hadden, Attys., U. S. Dept. of Labor, Washington, D. C., for respondent.
George H. Cohen, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D. C., James D. English, United Steelworkers of America, Pittsburgh, Pa., for intervenor; Bernard Kleiman, Chicago, Ill., of counsel.
Before ROSENN and HIGGINBOTHAM, Circuit Judges, and VAN ARTSDALEN, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ROSENN, Circuit Judge.
These consolidated cases present petitions for review1 of a new health standard governing employee exposure to coke oven emissions promulgated by the Secretary of Labor ("Secretary") on October 19, 1976, pursuant to the Occupational Safety and Health Act ("the Act"), 29 U.S.C. § 651 et seq.2 In summary, the standard prescribes particular controls and...
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