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NATIONAL ASS'N, MFRS. v. OCCUP. SAFETY & HEALTH

No. 06-1122.

485 F.3d 1201 (2007)

NATIONAL ASSOCIATION OF MANUFACTURERS, et al., Petitioners v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION and Elaine L. Chao, Secretary of the United States Department of Labor, Respondents United States Chamber of Commerce, Intervenor for Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 2007.

Attorney(s) appearing for the Case

Douglas J. Behr argued the cause for petitioners and intervenor in support of petitioners. With him on the brief was Lawrence P. Halprin.

Edward D. Sieger, Senior Appellate Attorney, U.S. Department of Labor, argued the cause for respondent. With him on the brief were Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Deputy Associate Solicitor.

Before: SENTELLE, HENDERSON, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Under the Occupational Safety and Health Act ("the Act"), parties adversely affected by an occupational safety or health standard may file a petition for review "at any time prior to the sixtieth day after such standard is promulgated." 29 U.S.C. § 655(f). In the 1980s, the Department of Labor issued a standard prescribing hazard disclosure requirements for the chemical industry...

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