R.T. Vanderbilt Company v. Occupational Safety and Health Review Commission and Raymond J. Donovan

JOHNSON, Circuit Judge:

I

Asbestos is a generic term that describes a variety of naturally occurring fibrous, incombustible silicate minerals. Although tremendously valuable to industry, these minerals have been closely linked to lung cancer and asbestosis, a degenerative lung-scarring disease. See generally Notice of Proposed Rulemaking, “Occupational Exposure to Asbestos,” 40 Fed.Reg. 47652 at 47653-56 (Oct. 9, 1975). The Occupational Safety and Health Administration (OSHA) therefore has regulated employee exposure to asbestos since shortly after the agency’s inception. OSHA has defined…