INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW, et al., Petitioners,
v.
John PENDERGRASS, Assistant Secretary of Labor for Occupational Safety and Health, Elizabeth Dole, Secretary of Labor, Respondents,
United Brotherhood of Carpenters & Joiners of America, Formaldehyde Institute, Inc., et al., Plywood Panels, Inc., et al., Intervenors.
AMALGAMATED CLOTHING AND TEXTILE WORKERS UNION, et al., Petitioners,
v.
Dennis E. WHITFIELD, in his Capacity as Deputy Secretary of Labor, U.S. Department of Labor, et al., Respondents.
FORMALDEHYDE INSTITUTE, INC., et al., Petitioners,
v.
Dennis E. WHITFIELD, Acting Secretary, U.S. Department of Labor, et al., Respondents.
INTERNATIONAL MOLDERS AND ALLIED WORKERS UNION, AFL-CIO-CLC, et al., Petitioners,
v.
Elizabeth DOLE, Secretary of Labor, et al., Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 14, 1989.
Decided June 9, 1989.
Opinion Denied of Rehearing September 22, 1989.
Attorney(s) appearing for the Case
Sara D. Schotland, with whom Donald L. Morgan and W. Richard Bidstrup were on the brief, for industry petitioners and intervenors in Nos. 87-1743, 87-1744, 88-1021 and 88-1063.
Randy S. Rabinowitz, Washington, D.C., with whom Jordan Rosen, Ralph Jones, Kathy L. Krieger and David C. Vladeck, Washington, D.C., were on the brief, for petitioners Intern. Union, UAW, Glass Molders, et al., and intervenor Carpenters in Nos. 87-1743, et al. Alan B. Morrison, Washington, D.C., also entered an appearance, for petitioner in No. 88-1063.
J. Davitt McAteer, Washington, D.C., with whom Betty Jean Hall was on the brief, for petitioners Amalgamated Clothing and Intern. Ladies Garment Workers Union in Nos. 87-1743, et al.
Joseph A. Yablonski and John F. Colwell, Washington, D.C., also entered appearances for petitioner in No. 87-1744.
Charles K. Reasonover, New Orleans, La., also entered an appearance for petitioner in No. 88-1021.
Barbara Werthmann, Attorney, Department of Labor, Washington, D.C., with whom Cynthia L. Attwood, Arlington, Va., and Laura V. Fargas, Attys., Dept. of Labor, Washington, D.C., were on the brief, for respondents in Nos. 87-1743, et al.
Ann Rosenthal, Arlington, Va., Andrea C. Casson and Barbara A. McConnell also entered appearances for respondents in Nos. 87-1743, 87-1744 and 88-1021.
Joseph E. LeBlanc, Jr., New Orleans, La., entered an appearance for intervenor Plywood Panels, Inc., et al. in No. 88-1021.
Katherine L. Rhyne, Washington, D.C., also entered an appearance for intervenor Formaldehyde Institute, Inc., et al., in No. 87-1743.
Before SILBERMAN, BUCKLEY and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
Under authority provided by § 6(b) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 655(b), the Occupational Safety and Health Administration ("OSHA") in December 1987 adopted new standards for formaldehyde in the workplace. The standards reduce the permissible exposure limit ("PEL") to one part per million ("ppm") as an 8-hour time...
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