Legal Opinion
Florida Peach Growers Ass'n v. United States Department of Labor
Court of Appeals for the Fifth Circuit
Decided January 9, 1974No. 73-1934PublishedCited by 14 opinions
1Opinion of the Court
RONEY, Circuit Judge:
This case comes to the Court of Appeals on petitions to set aside an emergency temporary standard issued pursuant to the Occupational Safety and Health Act of 1970 (OSHA) 1 by the Assistant Secretary of Labor for Occupational Safety and Health2 affecting the cultivation of seven crops: apples, peaches, grapes, oranges, grapefruit, lemons, and tobacco. The standard, designed to protect farmworkers from exposure to residues on foliage of named organophosphorous pesticides, does not prohibit the use of such chemicals, but fixes the period during which an employee may not…
2Cases cited9 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- National Labor Relations Board v. Seven-Up Bottling Co. of Miami, Inc.Supreme Court of the United States · 1953
- United States v. Allegheny-Ludlum Steel Corp.Supreme Court of the United States · 1972
- City of Chicago, Illinois v. Federal Power Commission, Pipeline Production Group, IntervenorsCourt of Appeals for the D.C. Circuit · 1972
- Automotive Parts & Accessories Ass'n v. BoydCourt of Appeals for the D.C. Circuit · 1968
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3Cited by14 opinions
- United States v. Gerald Vontsteen, A/K/A Skip VontsteenCourt of Appeals for the Fifth Circuit · 1992
- Aqua Slide 'N' Dive Corp. v. Consumer Product Safety CommissionCourt of Appeals for the Fifth Circuit · 1978
- American Federation of Labor & Congress of Industrial Organizations v. Ray Marshall, Secretary of Labor, United States Department of Labor, Cotton Warehouse Association v. Ray Marshall, Secretary of Labor, United States Department of Labor, and Eula Bingham, Assistant Secretary of Labor, U. S. Department of Labor and Occupational Safety and Health Administration, U. S. Department of Labor. American Textile Manufacturers Institute, Inc. v. Dr. Eula Bingham, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, American Federation of Labor and Congress of Industrial Organizations Industrial Union Department, Afl-Cio and Amalgamated Clothing and Textile Workers Union, Afl-Cio, Clc, Intervenors. American Textile Manufacturers Institute, Inc. v. Dr. Eula Bingham, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Afl-Cio, Etc., Intervenors, (Two Cases). Milliken and Company v. Ray Marshall, Secretary of Labor and Dr. Eula Bingham, Assistant Secretary of Labor, Arkwright Mills v. F. Ray Marshall, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Spartan Mills v. F. Ray Marshall, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Blair Mills, Inc. v. F. Ray Marshall, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Hermitage, Inc. v. F. Ray Marshall, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Dan River, Inc. v. Dr. Eula Bingham, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Cone Mills Corporation v. Ray Marshall, Secretary of Labor, United States Department of Labor, and Eula Bingham, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Mayfair Mills v. F. Ray Marshall, Secretary, Department of Labor, and Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, Springs Mills, Inc. v. Ray Marshall, Secretary of Labor, United States Department of Labor, Dr. Eula Bingham, Assistant Secretary of Labor, United States Department of Labor and Occupational Safety and Health Administration, United States Department of Labor, Riegel Textile Corporation v. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and the Occupational Safety and Health Administration, United States Department of Labor, Fieldcrest Mills, Inc. v. F. Ray Marshall, Secretary of Labor, and Dr. Eula Bingham, Assistant Secretary of Labor for Occupational Safety and Health, and the Occupational Safety and Health Administration, United States Department of Labor, American Cotton Shippers Association v. Dr. Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, National Cottonseed Products Association v. Ray Marshall, Secretary of Labor, United States Department of Labor and Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, National Cotton Council of America v. Ray Marshall, Secretary of Labor, Eula Bingham, Assistant Secretary of Labor, Occupational Safety and Health Administration, United States Department of Labor, West Point-Pepperell, Inc. v. Ray Marshall, Secretary of Labor and Eula Bingham, Assistant Secretary of LaborCourt of Appeals for the D.C. Circuit · 1980
- The Superior Oil Company v. Federal Energy Regulatory Commission, Mitchell Energy Corporation v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1977
- Florida Peach Growers Association, Inc. v. United States Department of Labor, Peter J. Brennan, Secretary of Labor, and John H. Stender, Assistant Secretary of Labor for Occupational Safety and Health, Consolidated With: Florida Citrus Production Managers Association Flo v. U.S. Department of Labor, 73-2279 Washington State Horticultural Association v. Brennan, 73-2283 Idaho Horticultural Society v. Brennan, 73-2327 American Farm Bureau Federation v. Brennan, 73-2493 Massachusetts Fruit Growers Association v. Brennan, 73-2513 Michigan State Horticultural Society v. Brennan, 73-2518 North Carolina Apple Grower's Association v. Brennan, 73-2622 National Peach Council Bre v. Brennan, 73-2623 Raza Association of Spanish Surnamed Americans v. U.S. Department of Labor, 73-2690 New York State Wine Grape Growers Association v. Brennan, 73-2734 Virginia Farm Bureau v. Brennan, 73-2795 Pennsylvania State Horticultural Society v. Brennan, 73-2871 Colorado Apple Administrative Committee v. Brennan, 73-2948Court of Appeals for the Fifth Circuit · 1974
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