Legal Opinion
Action on Smoking and Health v. Department of Labor
Court of Appeals for the D.C. Circuit
Decided July 12, 1994No. 92-1661PublishedCited by 27 opinions
1Opinion of the Court
Opinion for the Court filed by Chief Judge MIKVA.
MIKVA, Chief Judge:
Action on Smoking and Health (“ASH”) challenges, on several grounds, the Occupational Safety and Health Administration’s (“OSHA”) delayed and proposed regulation of environmental tobacco smoke (“ETS”) as a potential occupational carcinogen. Due to justiciability and finality considerations, we deny ASH’s petition.
I. Background
On July 31,1992, ASH petitioned OSHA to initiate a rulemaking pursuant to OSHA’s Cancer Policy, 29 C.F.R. §§ 1990.101-1990-152, to regulate environmental tobacco smoke, independent of other indoor air…
2Cases cited4 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Louis A. Carducci v. Donald T. Regan, Secretary, U.S. Treasury DepartmentCourt of Appeals for the D.C. Circuit · 1983
- Natural Resources Defense Council, Inc. v. United States Nuclear Regulatory Commission, and the United States of America, (Two Cases)Court of Appeals for the D.C. Circuit · 1982
- State Farm Mutual Automobile Insurance Company v. Elizabeth Dole, Secretary of the Department of Transportation, American Insurance Association v. Elizabeth Dole, Secretary of the Department of Transportation the Department of Transportation Diane Steed, Administrator of the National Highway Traffic Safety Administration and the National Highway Traffic Safety Administration, Nationwide Mutual Insurance Company v. Elizabeth Dole, Secretary of the Department of Transportation the Department of Transportation Diane Steed, Administrator of the National Highway Traffic Safety Administration and the National Highway Traffic Safety Administration, National Association of Insurance Commissioners v. Elizabeth Dole, Secretary of the Department of Transportation the Department of Transportation Diane Steed, Administrator of the National Highway Traffic Safety Administration and the National Highway Traffic Safety Administration, the State of New York, Robert Abrams, Attorney General of the State of New York, James P. Corcoran, Superintendent of Insurance of the State of New York and the New York State Department of Insurance v. Elizabeth Dole, Secretary of the Department of TransportationCourt of Appeals for the D.C. Circuit · 1986
3Cited by27 opinions
- American Farm Bureau v. United States Environmental Protection AgencyDistrict Court, District of Columbia · 2000
- JTB Tools & Oilfield Services, L.L.C. v. United StatesCourt of Appeals for the Fifth Circuit · 2016
- American Portland Cement Alliance v. Environmental Protection Agency and Carol M. Browner, Cement Kiln Recycling Coalition, IntervenorsCourt of Appeals for the D.C. Circuit · 1996
- Action on Smoking and Health (Ash) v. Department of Labor, Occupational Safety and Health AdministrationCourt of Appeals for the D.C. Circuit · 1996
- Oil, Chemical And Atomic Workers Union v. Occupational Safety And Health AdministrationCourt of Appeals for the Third Circuit · 1998
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