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PUBLIC CITIZEN HEALTH RESEARCH GROUP v. CHAO

No. 02-1611.

314 F.3d 143 (2002)

PUBLIC CITIZEN HEALTH RESEARCH GROUP; the Paper, Allied-Industrial, Chemical & Energy Workers International Union, v. Elaine CHAO, Secretary of Labor; Occupational Safety and Health Administration, *Color Pigments Manufacturers Association Inc., Intervenor **Chrome Coalition, Intervenor. *Pursuant to Court's Order dated 4/2/02 **Pursuant to Court's Order dated 4/3/02

United States Court of Appeals, Third Circuit.

Filed December 24, 2002.

Attorney(s) appearing for the Case

Scott L. Nelson (Argued), David C. Vladeck, Public Citizen Litigation Group, Washington, DC, for Appellant Public Citizen Litigation Group.

Eugene Scalia, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational, Safety and Health, Bruce Justh (Argued), for Appellate Litigation.

John Shortall, U.S. Department of Labor, Washington, DC, for Appellee Occupational Safety and Health Administration.

Andre Shramenko (Argued), Glenn C. Merritt, Fitzpatrick & Waterman, Secaucus, NJ, for Intervenor Color Pigments Manufacturers Assoc., Inc.

John L. Wittenborn, Michael O. Hill, Christina B. Parascandola (Argued), Collier Shannon Scott, PLCC, Washington, DC, for Intervenor Chrome Coalition.

Before BECKER, Chief Judge, McKEE and Hill, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This opinion addresses a Petition by Public Citizen Health Research Group ("Public Citizen") to review the inaction of the United States Department of Labor, specifically the Occupational Safety and Health Administration ("OSHA"), and to require OSHA to commence a rulemaking that would lower the permissible exposure limit for hexavalent chromium. It is not disputed...

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