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NATIONAL ASS'N OF FARMWORKERS, ETC. v. MARSHALL

No. 79-1587.

628 F.2d 604 (1980)

NATIONAL ASSOCIATION OF FARMWORKERS ORGANIZATIONS, et al., Appellants, v. Ray MARSHALL, Secretary, Department of Labor.

United States Court of Appeals, District of Columbia Circuit.

Judgment Filed February 15, 1980.

Decided March 20, 1980.

Attorney(s) appearing for the Case

Diane B. Cohn, Washington, D. C., with whom William B. Schultz and Robert B. Stulberg, were on brief, for plaintiffs-appellants.

Ronald G. Whiting, of the Bar of the Supreme Court of Iowa, Washington, D. C., pro hac vice by special leave of court was allowed to argue for appellee.

Alvin Bramow, Deputy Associate Sol., Washington, D. C., was on brief, for Secretary of Labor.

Before WRIGHT, Chief Judge, BAZELON, Senior Circuit Judge, and WILKEY, Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

This case presents a question familiar to this court1: How can an administrator set safety standards in the absence of adequate scientific evidence? The question here arises in the context of action by the Secretary of Labor (the Secretary) to implement section 13(c)(4)(A) of the Fair Labor Standards Act Amendments of 1977 (the 1977 Amendments...

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