United States Third Circuit

OSHA's delay in promulgating a lower permissible exposure limit for a known carcinogen in the workplace is not justified by scientific uncertainty or competing priorities, and the parties are directed to mediation.

Appellate Information

• Argued 11/05/2002
• Decided 12/24/2002
• Published 12/24/2002

Judges

• Before BECKER, Chief Judge, McKEE and Hill, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Scott L. Nelson (Argued), David C. Vladeck, Public Citizen Litigation Group, Washington, DC, for Appellant Public Citizen Litigation Group., Eugene Scalia, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational, Safety and Health, Bruce Justh (Argued), for Appellate Litigation., Andre Shramenko (Argued), Glenn C. Merritt, Fitzpatrick & Waterman, Secaucus, NJ, for Intervenor Color Pigments Manufacturers Assoc., Inc., John L. Wittenborn, Michael O. Hill, Christina B. Parascandola (Argued), Collier Shannon Scott, PLCC, Washington, DC, for Intervenor Chrome Coalition.


• For Appellees:
  
• John Shortall, U.S. Department of Labor, Washington, DC, for Appellee Occupational Safety and Health Administration.