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AMERICAN IRON AND STEEL v. OSHA

Nos. 98-6146, 98-6334.

182 F.3d 1261 (1999)

AMERICAN IRON AND STEEL INSTITUTE, for itself and on behalf of its members, Petitioners, v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION; United States Department of Labor, Respondents, United Steelworkers of America, AFL-CIO-CLC, Intervenor. American College of Occupational and Environmental Medicine, Petitioner, v. Occupational Safety and Health Administration; et al., Respondents, American Association of Occupational Health Nurses; American Nurses Association, Intervenors.

United States Court of Appeals, Eleventh Circuit.

August 3, 1999.

Attorney(s) appearing for the Case

Richard E. Schwartz, Alexander G. Crockett, Washington, DC, for Petitioners in docket No. 98-6146.

Nina G. Stillman, Washington, DC, for Petitioners and American Medical Association.

Bruce Justh, Office of the Solicitor, U.S. Dept. of Labor, Washington, DC, for Respondents.

Janet Reno, Attorney General, U.S. Dept. of Justice, Ann Rosenthal, Solicitor of Labor, Jeremiah A. Collins, George Cohen, Washington, DC, for Respondents in docket No. 98-6146.

Stewart S. Manela, Washington, DC, for Respondents in docket Nos. 98-6146 and 98-6344, and Intervenors in docket No. 98-6344.

Nancy M. Gerrity, Vedder, Price, Kaufman & Kummholz, Chicago, IL, for Petitioner and Intervenor in docket No. 98-6344.

Arent Fox, Larri A. Short, Washington, DC, for Intervenors in docket No. 98-6344.

Before ANDERSON, Chief Judge, BLACK, Circuit Judge, and FORRESTER, District Judge.

ANDERSON, Chief Judge:

These consolidated cases seek judicial review of the Occupational Safety and Health Administration's ("OSHA") new standard for respiratory protection in the workplace. The separate challenges are brought by the American Iron and Steel Institute ("Industry") and the American College of Occupational and Environmental Medicine ("Doctors") and relate to different aspects of the new standard. For the reasons that follow, we conclude that OSHA correctly...

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