NORTH AMERICA'S BUILDING TRADES UNIONS v. OSHA

Attorney(s) appearing for the Case

William L. Wehrum , Washington, and Bradford T. Hammock , Reston, argued the cause for the Industry Petitioners. Susan F. Wiltsie , Washington, David Craig Landin , Richmond, Tressi L. Cordaro , Reston, Michael B. Schon , Washington, and Linda E. Kelly , Washington, were with them on brief. Elizabeth C. Chandler Clements Washington, entered an appearance.

J. Michael Connolly , Arlington, argued the cause for the Petitioners-Intervenors Chamber of Commerce of the United States, et al. William S. Consovoy , Arlington, Steven P. Lehotsky , Washington, and Sheldon B. Gilbert , Washington, were with him on brief.

Jeremiah A. Collins , Washington, and Victoria L. Bor , Washington, argued the cause for the Union Petitioners. Randy S. Rabinowitz , Washington, Lynn K. Rhinehart , Washington, Richard J. Brean , Pittsburgh, and Ava Barbour , Detroit, were with them on brief. Stephen A. Yokich , Chicago, entered an appearance.

Kristen M. Lindberg , and Lauren S. Goodman , Senior Attorneys, and Louise McGauley Betts , Attorney, United States Department of Labor, Washington, argued the cause for the Respondents. On brief were Nicholas C. Geale , Acting Solicitor of Labor, Heather R. Phillips , Counsel for Appellate Litigation, Nathaniel I. Spiller , Counsel for Health Standards, and Anne R. Godoy , Washington, and Allison G. Kramer , Senior Attorneys.

Victoria L. Bor , Washington, argued the cause for the Respondents-Intervenors. Jeremiah A. Collins , Randy S. Rabinowitz , Lynn K. Rhinehart , Washington, Richard J. Brean , Pittsburgh, and Ava Barbour , Detroit, were with her on brief.

William L. Wehrum , Susan F. Wiltsie , Washington, David Craig Landin , Richmond, Bradford T. Hammock , Tressi L. Cordaro , Reston, and Linda E. Kelly , Washington, were on brief for the Industry Respondent-Intervenors.

Lisa W. Jordan , New Orleans, was on brief for the amici curiae The American Thoracic Society, et al. in support of the respondent. Adam Babich, New Orleans, entered an appearance.

Before: Garland, Chief Judge, and Henderson and Tatel, Circuit Judges.