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INDUSTRIAL SAFETY EQUIPMENT ASS'N, INC. v. E.P.A.

No. 87-5096.

837 F.2d 1115 (1988)

INDUSTRIAL SAFETY EQUIPMENT ASSOCIATION, INC., et al., Appellants v. ENVIRONMENTAL PROTECTION AGENCY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1988.

Attorney(s) appearing for the Case

Paul A. Koches, with whom William E. Wickens and Frank J. Pergolizzi, Washington, D.C., were on the brief, for appellants.

M. Alice Thurston, Dept. of Justice, with whom Roger J. Marzulla, Acting Asst. Atty. General, Dept. of Justice, Alan Carpien, Office of General Counsel, E.P.A., Michael A. McCord and Martin W. Matzen, Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Before WALD, Chief Judge, SENTELLE, Circuit Judge, and GIBSON, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

This controversy concerns the adequacy of various types of asbestos-protection respirators. The National Institute for Occupational Safety and Health (NIOSH) and the Environmental Protection Agency (EPA) published in April, 1986, a report recommending that "supplied-air" respirators be used for maximum protection against asbestos exposure.1 Both agencies are authorized...

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