OIL, CHEMICAL & ATOMIC WORKERS UNION v. OSHA

No. 97-3532.

145 F.3d 120 (1998)

OIL, CHEMICAL AND ATOMIC WORKERS UNION and Public Citizen's Health Research Group, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Gregory Watchman, Acting Administrator of the Occupational Safety and Health Administration, Alexis Herman, Secretary of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Order Amending Memorandum Opinion filed March 16, 1998.


Attorney(s) appearing for the Case

Colette G. Matzzie, David C. Vladeck, Public Citizen Litigation Group, Washington, DC, for Petitioners.

John Shortall, Marvin Krislov, Deputy Solicitor for National Operations, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Barbara Werthmann, Counsel for Appellate Litigation, United States Department of Labor, Washington, DC, for Respondents.

John L. Wittenborn, Michael O. Hill, Joseph J. Green, Collier, Shannon, Rill & Scott, PLLC, Washington, DC, Gary M. Marek, Kittredge, Donley, Elson, Fullem & Embick, LLP, Philadelphia, PA, for Intervenor The Chrome Coalition.

Andre Shramenko, Glenn C. Merritt, Fitzpatrick & Waterman, Secaucus, NJ, for Intervenor Color Pigments Manufacturers Association, Inc.

Before: GREENBERG, SCIRICA and ALDISERT, Circuit Judges.


Submitted under Third Circuit LAR 34.1(a) March 13, 1998.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Before the Court is not a petition for review of the final order of an administrative agency but a petition for an order compelling the respondents, the Occupational Safety and Health Administration ("OSHA"), its Acting Administrator and the Secretary of Labor, to cease unreasonable delay in rulemaking on hexavalent chromium. In addition, Petitioners...

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