ASARCO, INC. v. OCCUPATIONAL SAFETY & HEALTH AD.

Nos. 78-1959, 78-2764, 78-3038, 78-2477 and 78-2478.

647 F.2d 1 (1981)

ASARCO, INC., The Bunker Hill Company, Koppers Company, Inc., Magma Copper Company and Phelps Dodge Corporation, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor, Respondent. The ANACONDA COMPANY and Kennecott Copper Corp., Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor, Respondent. GENERAL MOTORS CORPORATION and Chrysler Corporation, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor, Respondent.

United States Court of Appeals, Ninth Circuit.

As Amended May 15, 1981.


Attorney(s) appearing for the Case

Ralph J. Moore, Jr., Shea & Gardner, Washington, D.C., Alfred V. J. Prather, Prather, Seeger, Doolittle & Farmer, Washington, D.C., Walter B. Connolly, Pepper, Hamilton & Scheetz, Washington, D.C., on brief for petitioners.

Ann D. Nachbor, Dennis K. Kade, Washington, D.C., Bernard Kleiman, Chicago, Ill., on brief, for respondent.

George H. Cohen, Stephen P. Berzon, Washington, D.C., James D. English, Pittsburgh, Pa., for intervenors.

Before BROWNING, Chief Judge, HUG, Circuit Judge, and HOFFMAN, District Judge.


PER CURIAM:

Petitioners challenge federal standards regulating employee exposure to inorganic arsenic (29 C.F.R. 1910.1018). All parties agree that the matter should be remanded to the Occupational Safety and Health Administration (OSHA) for reconsideration in light of the Supreme Court's decision in Industrial Union Department v. American Petroleum Institute, 448 U.S. 607, 100 S.Ct. 2844, 65 L.Ed.2d 1010 (1980).

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