OIL, CHEMICAL & ATOMIC WORKERS INTERN. v. ZEGEER

No. 84-1635.

768 F.2d 1480 (1985)

OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION and Public Citizen Health Research Group, Petitioners, v. David ZEGEER, Assistant Secretary of Labor, Federal Mine Safety & Health Administration, et al., Respondents, American Mining Congress, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1985.


Attorney(s) appearing for the Case

David C. Vladeck, Washington, D.C., with whom Alan B. Morrison and Eric R. Glitzenstein, Washington, D.C., were on brief, for petitioners.

Linda L. Leasure, Atty., Dept. of Labor, Arlington, Va., with whom Cynthia L. Attwood, Associate Sol., Arlington, Va., and Michael A. McCord, counsel for the Office of the Sol., Dept. of Labor, Washington, D.C., were on brief, for respondents.

Robert C. Seldon, Asst. U.S. Atty., Washington, D.C., entered an appearance for respondents.

Anthony J. Thompson, Washington, D.C., with whom Charles E. Sliter, Larry A. Boggs and Henry Chajet, Washington, D.C., were on brief, for intervenor American Min. Congress.

Before GINSBURG and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case concerns the exposure of underground miners, particularly in uranium mines, to radon daughters, the radioactive decay products of radon gas. Radon daughters, free-floating or attached to dust, smoke, or fine moisture droplets, can be inhaled by miners and become lodged in nose, pharynx, or lungs; the deposited products may eventually induce respiratory cancer. Since the...

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