ASSOCIATED INDUSTRIES OF MASSACHUSETTS, Plaintiff, Appellant,
v.
James F. SNOW, Commissioner of the Massachusetts Department of Labor and Industries, Defendant, Appellee.
ASSOCIATED INDUSTRIES OF MASSACHUSETTS, Plaintiff, Appellee,
v.
James F. SNOW, Commissioner of the Massachusetts Department of Labor and Industries, Defendant, Appellant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard January 9, 1990.
Decided March 15, 1990.
Attorney(s) appearing for the Case
Patrick W. Hanifin, with whom Wayne S. Henderson and the New England Legal Foundation, Boston, Mass., were on brief, for the Associated Industries of Massachusetts.
Despena Fillios Billings, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., Boston, Mass., was on brief, for the Com. of Mass.
Donald J. Siegel, Shelley B. Kroll, and Segal, Roitman & Coleman, Boston, Mass., were on brief, for Massachusetts Public Health Ass'n; American Lung Ass'n of Massachusetts; Massachusetts Public Interest Research Group; Nat. Toxics Campaign; League of Women Voters of Massachusetts; Cambridge Hosp. Occupational and Environmental Health Center; Occupational/Environmental Health Service of Brigham and Women's Hospital; Massachusetts Coalition for Occupational Safety and Health; Occupational Health Service of Massachusetts Respiratory Hosp.; Service Employees Intern. Union, AFL-CIO; Massachusetts General Hosp. Occupational Medicine Clinic; Massachusetts Laborers' Dist. Council; Sheet Metal Workers Intern. Ass'n, Local No. 17; Intern. Ass'n of Heat and Frost Insulators and Asbestos Workers, Local No. 6; NECNAC; and Massachusetts Building Trades Council, amicus curiae.
Before SELYA, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.
United States Court of Appeals, First Circuit.
BOWNES, Senior Circuit Judge.
These appeals involve the interplay between a state's exercise of its police powers and the federal government's regulation of occupational safety and health issues. They arise from a final summary judgment upholding most of the Commonwealth of Massachusetts' asbestos abatement statute and regulations (the Massachusetts standards)1 against a federal preemption challenge brought by the Associated Industries...
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