MFRS. ASS'N OF TRI-COUNTY v. KNEPPER

Nos. 86-5032, 86-5066.

801 F.2d 130 (1986)

MANUFACTURERS ASSOCIATION OF TRI-COUNTY, Appleton Papers, Inc., Shenango Incorporated, International Metals Reclamation Company, Inc., Ellwood City Forge Corporation, and McDanel Refractory Company, Appellants in No. 86-5066 v. James W. KNEPPER, Jr., Secretary of the Department of Labor and Industry, the Pennsylvania Department of Labor and Industry, and the Commonwealth of Pennsylvania. PENNSYLVANIA FOUNDRYMEN'S ASSOCIATION, Manufacturers Association of Erie, Manufacturers Association of York, Pennsylvania Drycleaners and Launderers Association, American Mushroom Institute, Donsco, Inc., Reading Gray Iron Castings, Inc., Washington Mold Company, Confer, Smith and Company, Inc., Unicast Company, and the Hospital Association of Pennsylvania, Appellants in No. 86-5066 v. James W. KNEPPER, Jr., individually and in his official capacity as Secretary of Labor and Industry for the Commonwealth of Pennsylvania, Herbert Thieme, individually and in his official capacity as Deputy Secretary and Administration of the Department of Labor and Industry Pennsylvania American Federation of Labor-Congress of Industrial Organizations, Council 13, American Federation of State County and Municipal Employees, Pennsylvania Chapter of the Sierra Club, Delaware Valley Council for Clean Air, Philadelphia Area Project on Occupational Safety and Health, United Mine Workers of America, Local 22 of the International Association of Fire Fighters, International Association of Molders and Allied Workers, Pennsylvania Public Interest Coalition and League of Conservation Voters, Intervenors, Appellants in No. 86-5032.

United States Court of Appeals, Third Circuit.

Decided September 12, 1986.


Attorney(s) appearing for the Case

Robert W. Thomson, (Argued), Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for Manufacturers Ass'n of Tri-County; Appleton Papers Inc.; Shenango Inc.; Intern. Metals Reclamation Co., Inc.; Ellwood City Forge Corp. and McDanel Refactory Co.

Donald A. Tortorice, Arthur K. Hoffman, (Argued), Duane, Morris & Heckscher, Harrisburg, Pa., for Pa. Foundrymen's Ass'n; Manufacturers Ass'n of York; Hosp. Ass'n of Pa., Pa. Drycleaners and Launderers Ass'n, American Mushroom Institute; Donsco, Inc., Reading Gray Iron Castings, Inc.; Washington Mold Co.; Confer, Smith and Co., Inc. and Unicast Co.

LeRoy S. Zimmerman, Atty. Gen., John G. Knorr, III, Sr. Deputy Atty. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Chief, Litigation Section, Allen C. Warshaw, Executive Deputy Atty. Gen., Thomas M. Crowley (Argued) Deputy Atty. Gen., Delancey W. Davis, Deputy Atty. Gen., Office of Atty. Gen., Harrisburg, Pa., for James W. Knepper, Jr. and Herbert Thieme.

Theodore M. Lieverman, (Argued), Philadelphia, Pa., for Intervenors, Pa. AFL-CIO, et al.

McDermott, Will & Emery, Washington, D.C., Bruce H. Hamill, Gen. Counsel, Washington, D.C., for Amicus Curiae Nat. Paint and Coatings Ass'n, Inc.

Jordan Rossen, Gen. Counsel, Leonard R. Page (Member), Richard W. McHugh, Associate Gen. Counsel, International Union, UAW, Detroit, Mich., Richard H. Markowitz, Markowitz & Richman, Philadelphia, Pa., for Amicus Curiae Intern. Union, UAW.

Before: GIBBONS, WEIS, and SLOVITER, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

This is an appeal from a final summary judgment in consolidated actions challenging the constitutionality of the Pennsylvania Worker and Community Right-to-Know Act (the Act), Pa.Stat.Ann. tit. 35, §§ 7301-7320 (Purdon Supp.1986), and seeking injunctive relief against its enforcement. The plaintiffs1 contend that the Act is preempted by the federal Occupational Safety and...

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