United States Tenth Circuit
TIERDAEL CONSTR. CO. v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMM'N, 02-9532
A company engaged in OSHA Class II asbestos removal work within the meaning of 29 C.F.R. section 1926.1101, as the plain and natural meaning of the regulation covers an underground pipeline; objective data was insufficient to support a negative exposure assessment.
Appellate Information
- Decided 08/18/2003
- Published 08/18/2003
Judges
- MURPHY, Circuit Judge., Before HENRY, HOLLOWAY and MURPHY, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- James J. Gonzales,Holland & Hart, LLP, Denver, CO, for Petitioner., Peter R. Nadel, Gorsuch, Kirgis, LLP, Denver, CO, filed an amici curiae brief on behalf of Associated General Contractors of America, Inc., Colorado Contractors Association, Inc. and National Utility Contractors Association, in support of Petitioner.
- For Appellees:
- Ellen L. Beard, Senior Appellate Attorney, U.S. Department of Labor (Eugene Scalia, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, with her on the brief), Washington, DC, for Secretary of Labor, Respondent.