FLORIDA CITRUS PACKERS v. STATE OF CAL., ETC.

No. C-81-4218 EFL

545 F.Supp. 216 (1982)

FLORIDA CITRUS PACKERS, a nonprofit cooperative association, Seald-Sweet Growers, Inc., a Florida corporation, Seald-Sweet International, Inc., a Florida corporation, Egan, Fickett & Company, a Florida corporation, D N E Sales, Inc., a Florida corporation, Nevine Fruit Company, a Florida corporation, Egan Fickett of Ft. Pierce, Inc., a Florida corporation, East Coast Packers, Inc., a Florida corporation, United Fresh Fruit and Vegetable Association, and the California Grape and Tree Fruit League, Plaintiffs, v. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, Occupational Safety and Health Standards Board; Donald Vial, an individual; Art Carter, an individual; Gerald O'Hara, an individual; Richard L. Wade, an individual, Defendants, International Longshoremen's and Warehousemen's Union, Locals 10 & 34, Defendant/Intervenors.

United States District Court, N. D. California.

As Amended August 4, 1982.


Attorney(s) appearing for the Case

John K. Aurell, Dennis R. Ferguson, Holland & Knight, Tallahassee, Fla., Richard Harrington, Michael Simmonds, Athearn, Chandler & Hoffman, San Francisco, Cal., for plaintiffs.

John M. Rea, Chief Counsel, Office of the Director, Peter H. Weiner, Chief Deputy Director, Michael D. Mason, Chief Counsel, Dept. of Indus. Relations, Div. of Occupational Safety and Health, San Francisco, Cal., for defendants.


MEMORANDUM OPINION

LYNCH, District Judge.

This opinion discusses solely the issue raised in plaintiffs' motion for partial summary judgment and defendants' counter-motion thereto.

The issue is whether, as plaintiffs contend, preenforcement approval by the United States Secretary of Labor of California's new and more stringent standard relating to the permissible exposure of California workers to ethylene dibromide (EDB) is required under the Occupational...

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