ASARCO, INC., et al., Petitioners,
v.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Dept. of Labor, Respondent,
United Steelworkers of America, AFL-CIO, and Chemical Manufacturers Assoc., Intervenors.
ANACONDA MINERALS COMPANY, and Kennecott Copper Corporation, Petitioners,
v.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, United States Department of Labor, Respondent,
United Steelworkers of America, AFL-CIO, and Chemical Manufacturers Assoc., Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 12, 1983.
Decided September 13, 1984.
Amended Opinion October 30, 1984.
Attorney(s) appearing for the Case
Frederick C. Schafrick, Ralph J. Moore, Jr., Shea & Gardner, Washington, D.C., William O. Hart, New York City, for ASARCO, Inc.
Alfred V. J. Prather, Kurt E. Blase, Prather Seeger Doolittle & Farmer, Washington, D.C., for Kennecott.
Seth Goldberg, Timothy B. Atkeson, Steptoe & Johnson, Chartered, David F. Zoll, Washington, D.C., for Chemical Mfrs. Assoc.
Dennis K. Kade, Frank X. Lilly, Frank A. White, Charles P. Gordon, Laura V. Fargas, and Domenique Kirchner, Dept. of Labor, Washington, D.C., for OSHA.
George H. Cohen, Jeremiah A. Collins, Bredhoff & Kaiser, Washington, D.C., James D. English and Mary-Win O'Brien, Pittsburgh, Pa., for United Steelworkers of America.
Timothy B. Atkeson, Seth Goldberg, Washington, D.C., Edward B. Wood, Pittsburgh, Pa., Gerald L. Daugherty, Buffalo, N.Y., on the brief for amici curiae Koppers Co., Inc., Osmose Wood Preserving Co. and Mineral Research and Development Corp.
Before BROWNING, Chief Judge, and HUG and PREGERSON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
PREGERSON, Circuit Judge:
Members of the smelting industry petition for review of regulations promulgated by the Occupational Safety and Health Administration (OSHA or Secretary).1 The regulations establish maximum permissible exposure levels (PELs) of airborne arsenic to which workers may be exposed. Arsenic is a by-product of nonferrous metal (e.g., copper, lead, and zinc) smelting. Because the regulations are supported by substantial...
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