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STEEL JOIST INST. v. OCCUPATIONAL SAFETY & HEALTH

No. 01-1184.

287 F.3d 1165 (2002)

STEEL JOIST INSTITUTE, Petitioner, v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION and Secretary of Labor, Respondents. Structural, Ornamental, Rigging & Reinforcing Steel Industry, Safety Advisory Committee, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 7, 2002.

Attorney(s) appearing for the Case

Jason P. Thomas argued the cause for the petitioner. Steven R. Valentine and Kenneth G. Lee were on brief.

Ronald J. Gottlieb, Attorney, United States Department of Labor, argued the cause for the respondents. Joseph M. Woodward, Associate Solicitor, United States Department of Labor, and Bruce Justh, Attorney, United States Department of Labor, were on brief.

David K. Moore, Steven John Fellman and William Francis Krebs entered appearances for the intervenor.

Before: HENDERSON, RANDOLP and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Concurring opinion filed by Circuit Judge ROGERS.

KAREN LeCRAFT HENDERSON, Circuit Judge:

On August 13, 1998 the Occupational Safety and Health Administration (OSHA) proposed revised "Safety Standards for Steel Erection" based on a consensus document submitted by a rulemaking advisory committee in a negotiated rulemaking. 63 Fed.Reg. 43,452 (1998). After a public hearing, two comment...

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