1. Home
  2. Browse Decisions
  3. F.2d
  4. 855 F.2d
  5. 855 F.2d 48 (1988)
 

ENVIRONMENTAL ENCAPSULATING CORP. v. NEW YORK CITY

No. 493, Docket 87-7762.

855 F.2d 48 (1988)

ENVIRONMENTAL ENCAPSULATING CORP., Central Jersey Coating, Inc., Abatement International Ltd., Jack's Insulation Contracting Corp., and John's Insulation, Inc., Plaintiffs-Appellants, v. The CITY OF NEW YORK and City of New York Department of Environmental Protection, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 17, 1988.

Attorney(s) appearing for the Case

Sharon E. Jaffe, New York City (Joseph DiBenedetto, Paul A. Gallay, Cole & Deitz, New York City, of counsel), for plaintiffs-appellants.

Kristin M. Helmers, New York City (Francis F. Caputo, Peter L. Zimroth, New York City, of counsel), for defendants-appellees.

Michael B. Gerrard, New York City (Anne C. Weisberg, Berle, Kass & Case, New York City, of counsel), filed a brief on behalf of Brooklyn Lung Ass'n, The New York City Clean Air Campaign, Inc., The New York Committee for Occupational Safety and Health, The New York Public Interest Research Group, Inc., The Alliance for Consumer Rights, Inc., and The Natural Resources Defense Council, Inc. as amicus curiae.

Robert Abrams, Atty. Gen., State of N.Y. (O. Peter Sherwood, Sol. Gen., Jane Lauer Barker, Asst. Atty. Gen. In Charge of Labor Bureau, Harvey M. Berman, Richard Corenthal, Asst. Attys. Gen., New York City, of counsel), filed a brief on behalf of the State of N.Y. as amicus curiae.

Before CARDAMONE and PIERCE, Circuit Judges and STANTON, District Judge.

CARDAMONE, Circuit Judge:

This appeal from the grant of a motion for summary judgment addresses the interplay between a state's exercise of its police power and federal law regulating occupational health and safety matters. In this case the legislative efforts are directed toward asbestos, whose invisible airborne fibers carry a deadly potential for humans.

Asbestos, a family of inorganic fibrous mineral substances once thought to be "wonder materials" and...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases