NEW JERSEY CHAMBER OF COMMERCE v. HUGHEY

Nos. 88-5283, 88-5332.

868 F.2d 621 (1989)

NEW JERSEY CHAMBER OF COMMERCE, Chemical Industry Council of New Jersey, New Jersey Business and Industry Association, Chemical Specialties Manufacturers Association, Inc., Merck & Co., Inc., Magnesium Elektron, Inc., CP Chemicals Inc., Chem-Mark, Inc., Exxon Chemicals Americas, a division of Exxon Corporation, Schering Corporation, Essex Chemical Corporation and Ingersoll-Rand Company, and Shell Chemical Company, a division of Shell Oil Company v. Robert E. HUGHEY, Commissioner of Environmental Protection; J. Richard Goldstein, M.D., Commissioner of Health and William Van Note, Acting Commissioner of Labor and The State of New Jersey, Appellees in No. 88-5283. Appeal of NEW JERSEY STATE CHAMBER OF COMMERCE, Chemical Industry Council of New Jersey; New Jersey Business and Industry Association; Chemical Specialties Manufacturers Association, Inc.; Merck & Co., Inc.; Magnesium Elektron, Inc., Exxon Chemical Americas, a division of Exxon Corporations; Ingersoll-Rand Company; and Shell Chemical Company, a division of Shell Oil Company, Appellants in No. 88-5283. FRAGRANCE MATERIALS ASSOCIATION OF the UNITED STATES, Flavor and Extract Manufacture's Association, Bush Boake Allen, Inc., Fragoco, Inc., Firmenich, Inc., International Flavors and Fragrances, Inc., Isogenics, Inc., H.J. Kohnstamm & Co., Inc., V. Mane Fils, Inc., Noville Essential Oil Company, Inc., Polarome Manufacturing Corp., Roure Bertrand Dupont, Inc., Takasago USA Inc., Ungerer & Co., and Universal Fragrance Corporation, Appellants in No. 88-5332, v. William VAN NOTE, Acting Commissioner of Labor for the State of New Jersey; J. Richard Goldstein, Commissioner of Health for the State of New Jersey; Robert E. Hughey, Commissioner of Environmental Protection for the State of New Jersey, Appellees in No. 88-5332, and Joseph H. Rodriguez, Public Advocate of the State of New Jersey; New Jersey State Industrial Union Council, AFL-CIO (IUC); Citizen Action of New Jersey; Philadelphia Area Project on Occupational Safety & Health (PHILAPOSH); New Jersey Environmental Lobby; New Jersey State Firemen's Mutual Benevolent Association (FMBA); International Association of Firefighters, New Jersey AFL-CIO (IAFF); Communication Workers of America, & Glass Workers International Union, AFL-CIO, Local 514-G; Pennsylvania Federation Brotherhood of Maintenance of Way Employees, AFL-CIO; Coalition Against Toxics; League of Conservation Voters (New Jersey); Student Public Interest Research Group of New Jersey (N.J. PIRG); Environmental Action (Washington, D.C.); League of Women Voters of New Jersey; Sierra Club (New Jersey); American Lung Association of New Jersey; New Jersey Tenants Organization (NJTO); New Jersey Association of County Health Officers; and New Jersey Health Officers Association, Defendants-Intervenors in No. 88-5332.

United States Court of Appeals, Third Circuit.

Decided February 28, 1989.

Rehearing and Rehearing Denied April 7, 1989.


Attorney(s) appearing for the Case

John J. Carlin, Jr. (argued), Martin Cronin, Florham Park, N.J., for appellants in No. 88-5283.

Alfred A. Slocum, Public Advocate of New Jersey, Richard E. Shapiro (argued), Jose L. Fernandez, W. Cary Edwards, Atty. Gen. of New Jersey, Michael S. Bokar (argued), Sr. Deputy Atty. Gen., Trenton, N.J., Jerome Balter, Public Interest Law Center of Philadelphia, Philadelphia, Pa., Sidney Reitman, Bennett D. Zurofsky, Reitman, Parsonnet, Maisel & Duggan, Newark, N.J., for appellees in Nos. 88-5283 and 88-5332.

John P. McKenna (argued), Daniel F. Shea, McKenna, Shea & Crisman, Washington, D.C., Daniel R. Thompson, Washington, D.C., for appellants in No. 88-5332.

Before HIGGINBOTHAM, BECKER and GREENBERG, Circuit Judges


Rehearing and Rehearing In Banc Denied April 7, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents the question whether the container labeling provisions of the New Jersey Worker and Community Right to Know Act, N.J. Stat.Ann. § 34:5A-14 (West 1988) ("Right to Know Act") are preempted by the Occupational Safety and Health Act of 1970, Pub.L. No. 91-596, 84 Stat. 1590 (1970) (codified at 29 U.S.C. §§ 651-678 (1982...

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