Legal Opinion

National Grain & Feed Association, Inc. v. Occupational Safety & Health Administration U.S. Department of Labor

Court of Appeals for the D.C. Circuit

Decided May 3, 1988No. 87-1603PublishedCited by 10 opinions

1Opinion of the Court

ON MOTION TO DISMISS

2Per curiam

This petition seeks review of the Occupational Safety and Health Administration’s (“OSHA”) final standard regulating hazard communication. 29 C.F.R. § 1910.1200. The standard was filed in the Office of the Federal Register on August 19, 1987, and was published on August 24, 1987. See 52 Fed.Reg. 31,852 (1987). OSHA has moved to dismiss the petition as untimely since it was filed on October 20, 1987, sixty-one days after the filing of the standard in the Office of the Federal Register.

Section 6(f) of the OSH Act, 29 U.S.C. § 655(f), provides that:

[a]ny person who may be…

3Cases cited2 opinions

  1. Industrial Union Department, Afl-Cio v. Dr. Eula Bingham, Assistant Secretary of Labor, the American Petroleum Institute, the National Petroleum Refiners Association on Behalf of Their Respective Members and American Petrofina, Incorporated v. Occupational Safety and Health Administration, United States Department of Labor, Dr. Eula Bingham, Assistant Secretary of Labor, and Ray Marshall, Secretary of Labor, Manufacturing Chemists Association, American Iron and Steel Institute, Independent Petroleum Association of America, Industrial Union Dept., Afl-Cio and United Rubber Workers, Afl-Cio, IntervenorsCourt of Appeals for the D.C. Circuit · 1977
  2. United Technologies Corp. v. Occupational Safety and Health Administration, United States Department of LaborCourt of Appeals for the Second Circuit · 1987

4Cited by10 opinions

  1. Kennecott Utah Copper Corporation v. United States Department of the Interior, American Iron and Steel Institute, IntervenorCourt of Appeals for the D.C. Circuit · 1996
  2. Intermountain Insurance Service of Vail v. Commissioner of Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 2011
  3. National Ass'n of Manufacturers v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2013
  4. Humane Society of the United States v. AGRICourt of Appeals for the D.C. Circuit · 2022
  5. Sea Watch International v. MosbacherDistrict Court, District of Columbia · 1991

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