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American Textile Mfrs. Institute, Inc. v. Donovan, 452 US 490 - Supreme Court 1981
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452 U.S. 490 (1981)
AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC., ET AL.
v.
DONOVAN, SECRETARY OF LABOR, ET AL.
No. 79-1429.
Supreme Court of United States.
Argued January 21, 1981.
Decided June 17, 1981.[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
492*492 Robert H. Bork argued the cause for petitioners in both cases. With him on the briefs for petitioners American Textile Manufacturers Institute, Inc., et al. were Neil J. King, A. Stephen Hut, Jr., Robert T. Thompson, Samuel K. Abrams, H. J. Elam III, Neil W. Koonce, Dan M. Byrd, Jr., Thomas A. Evins, Roger L. Tuttle, Lovic A. Brooks, Jr., Richard H. 493*493 Monk, Jr., and C. Powers Dorsett. Charles M. Crump filed briefs for petitioner National Cotton Council of America.
Deputy Solicitor General Geller argued the cause for the federal respondent in both cases. With him on the brief were Solicitor General McCree, Barry Sullivan, Benjamin W. Mintz, Allen H. Feldman, Dennis K. Kade, Diane E. Burkley, and John A. Bryson. George H. Cohen argued the cause for the American Federation of Labor and Congress of Industrial Organizations et al., respondents in both cases under this Court 's Rule 19.6. With him on the brief were Robert M. Weinberg, Jeremiah A. Collins, Laurence Gold, J. Albert Woll, Elliot Bredhoff, and Arthur M. Goldberg.[†]
J. Davitt McAteer and John A. Fillion filed a brief for the Brown Lung Association et al. as amici curiae urging affirmance.
Briefs of amici curiae were filed by Allen A. Lauterbach and C. David Mayfield for the American Farm Bureau Federation; by Jerome Powell, W. Scott Railton, Barton C. Green, and David Ferber for the American Iron and Steel Institute; by William J. Kilberg, Stephen E. Tallent, and H. Frederick Tepker for ASARCO Inc.; by Edwin H. Seeger and
American Textile Mfrs. Institute, Inc. v. Donovan, 452 US 490 - Supreme Court 1981
ReadHow citedSearch
Highlighting feasibility report
452 U.S. 490 (1981)
AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC., ET AL.
v.
DONOVAN, SECRETARY OF LABOR, ET AL.
No. 79-1429.
Supreme Court of United States.
Argued January 21, 1981.
Decided June 17, 1981.[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
492*492 Robert H. Bork argued the cause for petitioners in both cases. With him on the briefs for petitioners American Textile Manufacturers Institute, Inc., et al. were Neil J. King, A. Stephen Hut, Jr., Robert T. Thompson, Samuel K. Abrams, H. J. Elam III, Neil W. Koonce, Dan M. Byrd, Jr., Thomas A. Evins, Roger L. Tuttle, Lovic A. Brooks, Jr., Richard H. 493*493 Monk, Jr., and C. Powers Dorsett. Charles M. Crump filed briefs for petitioner National Cotton Council of America.
Deputy Solicitor General Geller argued the cause for the federal respondent in both cases. With him on the brief were Solicitor General McCree, Barry Sullivan, Benjamin W. Mintz, Allen H. Feldman, Dennis K. Kade, Diane E. Burkley, and John A. Bryson. George H. Cohen argued the cause for the American Federation of Labor and Congress of Industrial Organizations et al., respondents in both cases under this Court 's Rule 19.6. With him on the brief were Robert M. Weinberg, Jeremiah A. Collins, Laurence Gold, J. Albert Woll, Elliot Bredhoff, and Arthur M. Goldberg.[†]
J. Davitt McAteer and John A. Fillion filed a brief for the Brown Lung Association et al. as amici curiae urging affirmance.
Briefs of amici curiae were filed by Allen A. Lauterbach and C. David Mayfield for the American Farm Bureau Federation; by Jerome Powell, W. Scott Railton, Barton C. Green, and David Ferber for the American Iron and Steel Institute; by William J. Kilberg, Stephen E. Tallent, and H. Frederick Tepker for ASARCO Inc.; by Edwin H. Seeger and
References: "[Grade] 3: evidence of moderate to severe irreversible impairment of ventilatory capacity." Exhibit 6-27, App. 25; see 41 Fed. Reg. 56500-56501 (1976). [12] There are between 126,000 and 200,000 active workers in the yarn-preparation and manufacturing segments of the cotton industry. 43 Fed. Reg. 27379, col. 2 (1978). [17] In many cotton-preparation and manufacturing operations, including opening, picking, and carding, 1,000 μg/m[3] of total dust is roughly equivalent to 500 μg/m[3] of respirable dust. App. 464; 43 Fed. Reg. 27361, col. 2 (1978); see n. 22, infra. [21] The Standard provides that exposure to lint-free respirable cotton dust may be measured by a vertical elutriator, with its 15-micron particle size cutoff, or "a method of equivalent accuracy and precision." 29 CFR § 1910.1043 (c) (1980).