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ACTION ON SMOKING & HEALTH (ASH) v. DEPT. OF LABOR

No. 95-1615.

100 F.3d 991 (1996)

ACTION ON SMOKING AND HEALTH (ASH), Petitioner, v. DEPARTMENT OF LABOR, Occupational Safety and Health Administration, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 1996.

Attorney(s) appearing for the Case

John F. Banzhaf, III, argued the cause and filed the briefs, Washington, DC, for petitioner.

Charles F. James, Attorney, U.S. Department of Labor, argued the cause for respondents. With him on the brief were J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Counsel.

Before: GINSBURG, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Petitioner is a charitable trust operating under the name of Action on Smoking and Health, or ASH. One year ago, it filed a petition for review of the Occupational Safety and Health Administration's failure to issue a final rule regulating secondhand, or "environmental," tobacco smoke in the workplace. Another panel of this court, citing...

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