Legal Opinion
ASARCO, Inc. v. Occupational Safety & Health Administration
Court of Appeals for the Ninth Circuit
Decided September 13, 1984No. Nos. 78-1959, 78-2764 and 78-3038PublishedCited by 1 opinion
1Opinion of the Court
PREGERSON, Circuit Judge:
Members of the smelting industry petition for review of regulations promulgated by the Occupational Safety and Health Administration (OSHA or Secretary).1 The regulations establish maximum permissible exposure levels (PELs) of airborne arsenic to which workers may be exposed. Arsenic is a by-product of nonferrous metal (e.g., copper, lead, and zinc) smelting. Because the regulations are supported by substantial evidence, we deny the petition for review and uphold the challenged regulations. We also hold that the Secretary did not abuse his discretion in refusing to…
2Cases cited18 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
- United States v. Pierce Auto Freight Lines, Inc.Supreme Court of the United States · 1946
- American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981
- Industrial Union Dept., AFL-CIO v. American Petroleum InstituteSupreme Court of the United States · 1980
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