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United Steelworkers of America v. Marshall
United States Court of Appeals for the District of Columbia
647 F.2d 1189 (1980)
The Occupational Safety and Health Administration (OSHA) (defendant), led by Marshall, promulgated a rule to protect workers from airborne lead. The United Steelworkers of America and the Lead Industry Association (LIA) (plaintiffs) sued OSHA, claiming that the process used in making the final rule was tainted by bias. The LIA cited a speech by the assistant secretary of labor (the decisionmaker on the final rule) in which she railed against organizations that attacked the proposal of new regulations on the lead industry. The LIA also cited ex parte communications between the decisionmaker and an attorney at OSHA, who they claimed advocated in favor of the rule that the regulators wanted, in violation of the Administrative Procedure Act (APA).
Rule of Law
Holding and Reasoning (Wright, C.J.)
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