EDISON ELEC. INSTITUTE v. OSHA

No. 86-1486.

849 F.2d 611 (1988)

EDISON ELECTRIC INSTITUTE, Petitioner, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1988.


Attorney(s) appearing for the Case

Stephen C. Yohay, with whom Robert E. Williams, Washington, D.C., was on the brief, for petitioner. Mark E. Baker, Washington, D.C., also entered an appearance for petitioner.

Laura V. Fargas, Atty., Dept. of Labor, with whom Cynthia L. Attwood, Associate Sol., and Sandra Lord, Acting Counsel for Dept. of Labor, Washington, D.C., were on the brief, for respondent. Joseph M. Woodward, Atty., Dept. of Labor, Washington, D.C., also entered an appearance for respondent.

Dale R. Schmidt, Washington, D.C., was on the brief for amicus curiae Nat. Elec. Manufacturers Ass'n. Elihu I. Leifer, Washington, D.C., was on the brief for amicus curiae Intern. Broth. of Elec. Workers, AFL-CIO, urging reversal.

Before EDWARDS and D.H. GINSBURG, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The Edison Electric Institute ("EEI") petitions for review of certain provisions of the revised Electrical Standards for Construction, 29 C.F.R. Part 1926, Subpart K (1987) ("revised Subpart K"), issued by the Occupational Safety and Health Administration ("OSHA" or "the agency") pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq.

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