NATIONAL GRAIN AND FEED ASSOCIATION and Great River Grain Corporation, Petitioners,
v.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Respondent.
FOOD AND ALLIED SERVICE TRADES DEPARTMENT, AFL-CIO, et al., Petitioners,
v.
Ann D. McLAUGHLIN, Secretary of Labor, Respondent.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
October 27, 1988.
October 27, 1988.
Attorney(s) appearing for the Case
Jerome J. Reso, Jr., H. Sloan McCloskey, New Orleans, La., for Nat. Grain and Feed Ass'n.
Mike Miller, Fargo, N.D., Marc L. Fleischaker, V. Daniel Palumbo, Washington, D.C., for amicus curiae, North Dakota Grain Dealers Assoc.
Randy S. Rabinowitz, Washington, D.C., for intervenor the Food & Allied Service Trades.
Barbara Werthmann, Jay S. Bybee, U.S. Dept. of Labor, Leonard Schaitman, Washington, D.C., for Occupational Safety and Health Admin.
W. Caffey Norman, III, Robert H. Myers, Jr., Washington, D.C., for Millers' Nat. Federation.
Randy S. Rabinowitz, Washington, D.C., for Food and Allied Service Trades Dept., AFL-CIO.
David C. Vladeck, Public Citizen Lit. Group, Alan Morrison, Washington, D.C., for intervenor — Oil, Chemical & Atomic Workers.
Richard L. Frank, Philip C. Olsson, Washington, D.C., for intervenor — American Feed Ind. Assoc.
Marc L. Fleischaker, Washington, D.C., for intervenor — Nat'l Grain & Feed Assoc.
Ray H. Darling, Exec. Secretary, OSHRC, George R. Salem, Deputy Sec., Dept. of Labor, Jay S. Bybee, U.S. Dept. of Justice, Civil Div. Leonard Schaitman, Washington, D.C., for Ann McLaughlin.
Before GARZA, WILLIAMS, and SMITH, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JERRY E. SMITH, Circuit Judge:
In December 1987, the Occupational Safety and Health Administration (OSHA), exercising its authority and responsibility under section 6 of the Occupational Safety and Health Act ("OSH Act" or the "Act"), 29 U.S.C. § 655, promulgated a new standard designed, in relevant part, to eliminate or reduce the substantial risk of fires and explosions in the nation's grain-handling facilities.1 In these consolidated...
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