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FORGING INDUSTRY ASS'N v. SECRETARY OF LABOR

No. 83-1420.

773 F.2d 1436 (1985)

FORGING INDUSTRY ASSOCIATION, Petitioner, v. SECRETARY OF LABOR, Respondent. National Arborist Association, Inc., Intervenor. American Speech-Language-Hearing Assoc., Amicus Curiae. American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1985.

Attorney(s) appearing for the Case

Robert D. Moran, Washington, D.C. (Vorys, Sater, Seymour & Pease, Washington, D.C., on brief) for appellant.

Steven R. Semler, Washington, D.C. (Zimmerman, Semler & Pritzker, Washington, D.C., on brief), for intervenor.

Joseph M. Woodward, Washington, D.C. (Francis X. Lilly, Deputy Sol. of Labor, Frank A. White, Associate Sol., Washington, D.C., for Occupational Safety and Health, Dennis K. Kade, Appellate Litigation, Judith N. Macaluso, Laura V. Fargas, U.S. Dept. of Labor, Washington, D.C., on brief), for appellees.

R. Morgan Downey, Laurence Gold, George H. Cohen, Jeremiah A. Collins, Bredhoff & Kaiser, Washington, D.C., on brief), for amicus curiae.

Before WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN and WILKINSON, Circuit Judges, sitting en banc.

SPROUSE, Circuit Judge:

The Forging Industry Association (FIA) petitions for review of the Secretary of Labor's promulgation of a hearing conservation amendment (amendment) to its occupational noise exposure standard, 29 C.F.R. § 1910.95 (1984). The FIA contends that the Department of Labor's Occupational Safety and Health Administration (OSHA) exceeded its authority in adopting the amendment, that there was not substantial evidence to support OSHA's determination...

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