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Administrative Law Keyed to Lawson
Immigration and Naturalization Service v. Chadha 462 U.S. 919 (1983) Industrial Union Department, AFL-CIO v. American Petroleum Institute (The Benzene Case)
Citation:
448 U.S. 607, 100 S. Ct. 2844, 65 L. Ed. 2d 1010 (1980)Facts
In 1977, OSHA promulgated a standard reducing the permissible workplace exposure limit for benzene from 10 parts per million (ppm) to 1 ppm. OSHA based this decision on findings that benzene was a carcinogen, and adopted a policy that for carcinogens, no safe exposure level could be determined. The agency therefore set the exposure limit at the lowest level technologically and economically feasible. OSHA estimated compliance costs at approximately $500 million, primarily affecting petroleum refineries, chemical manufacturers, and rubber tire producers. The American Petroleum Institute and other industry groups challenged the standard, arguing that OSHA had not shown that the reduction from 10 ppm to 1 ppm would yield any appreciable health benefits and that the agency had exceeded its statutory authority.
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