AMERICAN FEDERATION OF LABOR, ETC. v. MARSHALL

No. 75-1506.

570 F.2d 1030 (1978)

AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS, INDUSTRIAL UNION DEPARTMENT, AFL-CIO, et al., Appellants, v. F. Ray MARSHALL, Secretary of Labor, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 1978.


Attorney(s) appearing for the Case

George H. Cohen and Marsha S. Berzon, Washington, D. C., with whom J. Albert Woll, Laurence S. Gold, and Elliot Bredhoff, Washington, D. C., were on the brief, for appellants.

Michael H. Levin, Washington, D. C., Counsel for Appellate Litigation, U. S. Dept. of Labor and Patrick Tyson, Atty., U. S. Dept. of Labor, Washington, D. C., of the bar of the Supreme Court of Virginia, pro hac vice by special leave of court, for appellee, Secretary of Labor.

Carol Hunter, Sacramento, Cal., was on the brief for appellee-intervenor, State of California.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.


Syllabus by the Court

This case involves a challenge to the standards applied by the Secretary of Labor to approve state occupational safety and health plans under the Occupational Safety and Health Act of 1970. 29 U.S.C. §§ 651-678 (1970). The AFL-CIO challenged as arbitrary and capricious the regulations issued by the Secretary of Labor interpreting the statutory requirements that the states, as a condition for plan approval, have "adequate funds...

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