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WORKPLACE HEALTH & SAFETY COUNCIL v. REICH

No. 94-1413.

56 F.3d 1465 (1995)

WORKPLACE HEALTH & SAFETY COUNCIL, Petitioner v. Robert B. REICH, Secretary of Labor, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1995.

Attorney(s) appearing for the Case

Francis E. Froelich, Washington, DC, argued the cause for petitioner. With him on the briefs was Anthony J. Thompson.

Bruce Justh, Asst. Counsel, U.S. Dept. of Labor, Washington, DC, argued the cause for respondents. With him on the briefs were Joseph M. Woodward, Associate Sol., and Barbara U. Werthmann, Counsel.

Before BUCKLEY, SENTELLE and ROGERS, Circuit Judges.

SENTELLE, Circuit Judge:

In a pre-enforcement proceeding, petitioner Workplace Health and Safety Council (the "Council") challenges a Department of Labor ("DOL") rulemaking under the Occupational Safety and Health Act ("OSH Act"), 29 U.S.C. § 651 et seq. (1988), claiming that the DOL failed to address a variety of claims allegedly raised in petitioner's comments to the proposed rule and that the rule itself is unconstitutional. Because we conclude that...

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