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INTERNATIONAL UNION, UAW v. DONOVAN

No. 85-1003.

756 F.2d 162 (1985)

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW, et al., Petitioners, v. Raymond J. DONOVAN, Secretary of Labor, and Thorne G. Auchter, Assistant Secretary of Occupational Safety & Health Administration, Respondents, Formaldehyde Institute, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1985.

Attorney(s) appearing for the Case

Judith N. Macaluso, Attorney, Dept. of Labor, Arlington, Va., was on the response to the Motion to Compel Adherence to the District Court Order. Joseph E. diGenova, U.S. Atty., John D. Bates, Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., entered appearances for respondents.

Donald L. Morgan, Sara D. Schotland, Katherine L. Rhyne and W. Richard Bidstrup, Washington, D.C., were on the reply of intervenor. The Formaldehyde Institute, Inc., to the Motion to Compel Adherence to the District Court Order.

Randy S. Rabinowitz, Washington, D.C., Stephen I. Schlossberg, Jordan Rossen and Ralph Jones, Detroit, Mich., were on the Motion to Compel Adherence to the District Court Order.

Before EDWARDS, GINSBURG and SCALIA, Circuit Judges.

Opinion for the Court by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case involves a challenge by the petitioners to the refusal of the Occupational Safety and Health Administration ("OSHA" or the "Agency") to regulate exposure to formaldehyde in the workplace, either by issuing an emergency temporary standard ("ETS") pursuant to section 6(c) of the Occupational Safety and Health Act ("OSH Act" or the "Act"),1

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