PUBLIC CITIZEN HEALTH RESEARCH GROUP; The United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Petitioners in 06-1818
v.
UNITED STATES DEPARTMENT OF LABOR, Occupational Safety and Health Administration, Respondent
Aerospace Industries Association of America, Inc., Portland Cement Association**, Surface Finishing Industry Council*, Color Pigments Manufacturers Association, Inc., National Association of Manufacturers and Specialty Industry of North America, Intervenors.
(*Dismissed-See Court's Order dated 12/13/06).
(**Dismissed-See Court's Order dated 06/26/07).
Edison Electric Institute, Petitioner in
v.
Occupational Safety and Health Administration, United States Department of Labor, Respondent
Aerospace Industries Association of America, Inc., Portland Cement Association**, Surface Finishing Industry Council*, Color Pigments Manufacturers Association, Inc., National Association of Manufacturers and Specialty Industry of North America, Intervenors.
(*Dismissed-See Court's Order dated 12/13/06).
(**Dismissed-See Court's Order dated 06/26/07).
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 21, 2008.
Filed February 23, 2009.
Attorney(s) appearing for the Case
Scott L. Nelson, Esq. [Argued], Public Citizen Litigation Group, Washington, DC, for Non Party-Petitioners Public Citizen's Health Research Group and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.
Stephen C. Yohay [Argued], Ogletree, Deakins, Nash, Smoak & Stewart, Washington, DC, for Non Party Petitioner Edison Electric Institute.
Charles F. James, Esq., Gary K. Stearman, Esq. [Argued], Lauren S. Goodman, Esq., U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Non Party-Respondent Occupational Safety and Health Administration United States Department of Labor.
Douglas J. Behr, Esq., Lawrence P. Halprin, Esq., Keller & Heckman, Washington, DC, for Non Party-Intervenor Respondent Aerospace Industries Association of America, Inc.
Glenn C. Merritt, Esq., Fitzpatrick & Merritt, Bayonne, NJ, for Non Party-Intervenor Respondent Color Pigments Mfg.
Wayne J. D'Angelo, Esq., Kathryn M.T. McMahon-Lohrer, Esq., John L. Wittenborn, Esq., Kelley, Drye & Warren, Washington, D.C., for Non Party-Intervenor Respondent Specialty Steel Industry of North America.
Before: SCIRICA, Chief Judge, RENDELL, Circuit Judge, and O'CONNOR, Retired Associate Justice, U.S. Supreme Court.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
RENDELL, Circuit Judge.
Petitioners challenge a standard promulgated by the Occupational Safety and Health Administration ("OSHA") to regulate the occupational exposure of workers to hexavalent chromium ("Cr(VI)"), a toxic substance. Public Citizen Health Research Group and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Worker's International...
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