INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW, Petitioners,
v.
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION, U.S. DEPARTMENT OF LABOR, Respondent,
The Dow Chemical Company, American Petroleum Institute, National Confections Association, Chocolate Manufacturers Association, Oil, Chemical & Atomic Workers International Union, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 8, 1994.
Decided October 21, 1994.
Attorney(s) appearing for the Case
W. Scott Railton, argued the cause for petitioner the Nat. Ass'n of Mfrs. With him on the briefs was Jan S. Amundson.
Bruce Justh, Associate Counsel, U.S. Dept. of Labor, argued the cause for respondent. With him on the brief was Barbara Werthmann, Counsel, U.S. Department of Labor. John Shortall, Cynthia L. Attwood and Joseph M. Woodward, entered an appearance.
On the brief for Intern. Union, United Auto., Aerospace & Agr. Implement Workers of America, UAW and Oil, Chemical & Atomic Workers Intern. Union (realigned as intervenors in support of OSHA), were David C. Vladeck, Jordan Rossen and Ralph Jones.
Toby A. Threet, entered an appearance for intervenor the Dow Chemical Co. G. William Frick, entered an appearance for intervenor American Petroleum Institute. David B. Robinson entered an appearance for intervenor Nat. Confections Ass'n and Chocolate Mfrs. Ass'n. William H. Crabtree and V. Mark Slywynski, entered an appearance for intervenor American Auto. Mfrs. Ass'n.
Before: WALD, WILLIAMS and HENDERSON, 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:
In International Union, UAW v. OSHA,938 F.2d 1310 (D.C.Cir.1991), we remanded a regulation to the Occupational Safety & Health Administration on the ground that, although we believed the controlling statute was susceptible of a construction narrow enough to satisfy the nondelegation doctrine, see A.L.A. Schechter...
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