PUBLIC CITIZEN HEALTH RESEARCH GROUP, et al., Petitioners,
v.
Patrick R. TYSON, Acting Assistant Secretary, Occupational Safety & Health Administration, and Raymond J. Donovan, Secretary of Labor, Respondents,
Association of Ethylene Oxide Users, Intervenor.
ASSOCIATION OF ETHYLENE OXIDE USERS, Petitioner,
v.
Patrick R. TYSON, Acting Assistant Secretary, Occupational Safety & Health Administration, and Raymond J. Donovan, Secretary of Labor, Respondents.
PUBLIC CITIZEN HEALTH RESEARCH GROUP, et al., Petitioners,
v.
Robert A. ROWLAND, Assistant Secretary, Occupational Safety and Health Administration, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 22, 1986.
Decided July 25, 1986.
Attorney(s) appearing for the Case
David C. Vladeck with whom Alan B. Morrison, Washington, D.C., was on brief, for petitioners, Public Citizens Health Research Group, et al., in Nos. 84-1252 and 85-1014.
David H. Larry for petitioner, Association of Ethylene Oxide Users in No. 84-1392, and intervenor in Nos. 84-1252 and 85-1014.
Alfred R. Mollin, Atty., Dept. of Justice, Richard K. Willard, Acting Asst. Atty. Gen., Robert E. Kopp, Director, Dept. of Justice, Leonard Schaitman, Asst. Director, Dept. of Justice, Frank A. White, Associate Sol., Dept. of Labor, Joseph M. Woodward, Counsel, Dept. of Labor and Laura V. Fargas, Atty., Dept. of Labor, Washington, D.C., were on brief, for respondents in Nos. 84-1252, 84-1392 and 85-1014.
Robert C. Barnard and David Zoll, Washington, D.C., were on brief, for amicus curiae, Ethylene Oxide Industry Council, in Nos. 84-1252, 84-1392 and 85-1014, urging affirmance.
James F. Fitzpatrick, John M. Quinn, Merrick B. Garland, and Edward L. Wolf, Washington, D.C., were on brief, for amici curiae, Representatives John D. Dingell, et al., in Nos. 84-1252, 84-1392 and 85-1014, urging reversal.
Before ROBINSON, Chief Judge, WRIGHT, Circuit Judge, and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge McGOWAN.
McGOWAN, Senior Circuit Judge:
In these consolidated cases, we review the Occupational Safety and Health Administration's rule limiting exposure to ethylene oxide, a chemical widely used in manufacturing and in hospital instrument sterilization. The Administration's rule sets a long-term exposure limit but does not set a short-term limit. We find substantial evidence in the record to support OSHA...
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