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ACTION ON SMOKING AND HEALTH v. DEPT. OF LABOR

No. 92-1661.

28 F.3d 162 (1994)

ACTION ON SMOKING AND HEALTH, Petitioner, v. DEPARTMENT OF LABOR, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1994.

Attorney(s) appearing for the Case

John Banzhaf, III, Washington, DC, argued the cause for petitioner. With him on the briefs were Peter H. Meyers, Washington, DC and Kathleen E. Scheg, Hyattsville, MD.

Charles F. James, Atty., U.S. Dept. of Labor, Washington, DC, argued the cause for respondents. With him on the brief were Joseph M. Woodard, Associate Sol., Occupational Safety and Health Admin. and Ann Rosenthal, Atty., U.S. Dept. of Labor.

Before MIKVA, Chief Judge, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

Action on Smoking and Health ("ASH") challenges, on several grounds, the Occupational Safety and Health Administration's ("OSHA") delayed and proposed regulation of environmental tobacco smoke ("ETS") as a potential occupational carcinogen. Due to justiciability and finality considerations, we deny ASH's petition.

I. Background

On July 31, 1992, ASH petitioned OSHA to initiate...

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