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NAT'L OILSEED PROCESSORS v. OCCUPATIONAL SAFETY

No. 12-1228.

769 F.3d 1173 (2014)

NATIONAL OILSEED PROCESSORS ASSOCIATION, et al., Petitioners v. OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION, et al., Respondents. American Feed Industry Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 2014.

Attorney(s) appearing for the Case

Donald C. McLean argued the cause for petitioners and intervenor for petitioners. With him on the briefs were Marc L. Fleischaker and Valerie N. Butera.   Philip C. Olsson , Gary H. Baise , and Anson M. Keller Sr. entered appearances.

Louise M. Betts , Attorney, Occupational Safety & Health Administration, argued the cause for respondents. On the briefs were Joseph M. Woodward , Associate Solicitor for Occupational Safety and Health, at the time the briefs were filed, Ann Rosenthal , Acting Associate Solicitor for Occupational Safety and Health, Heather R. Phillips , Counsel for Appellate Litigation, and Edmund C. Baird , Attorney. Anne R. Ryder , Attorney, U.S. Department of Labor, entered an appearance.

Randy S. Rabinowitz and Stephen A. Yokich were on the brief for intervenors Change to Win, et al. in support of respondents. Steven H. Wodka entered an appearance.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Responding to international efforts to harmonize the requirements for identification and labeling of hazardous chemicals, the Occupational Safety and Health Administration ("OSHA") revised its Hazard Communication Standard in 2012. See Hazard Communication, 77 Fed.Reg. 17,574 (Mar. 26, 2012) ("Final Rule"). That standard requires employers across industries to develop a program for classifying the dangers of workplace chemicals and conveying...

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