SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Mawshaw
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
Benzene is a colorless, aromatic liquid widely used in manufacturing fuels, solvents, detergents, and other products. By 1978, scientific evidence had established links between benzene exposure and various blood disorders, including leukemia. The existing standard, adopted in 1971, limited workplace exposure to 10 ppm averaged over an 8-hour period.
In 1977, OSHA issued an emergency temporary standard reducing the limit to 1 ppm, followed by a permanent standard in 1978 that maintained the 1 ppm limit. OSHA based this decision on its policy that, for carcinogens like benzene, no safe level of exposure exists, and therefore exposure should be limited to the lowest level feasible. OSHA did not quantify the benefits of the new standard or make a specific finding that the 10 ppm level presented a significant risk, but concluded that benefits would be “appreciable.”
The standard would have required capital investments of approximately $266 million, first-year operating costs of $187-205 million, and recurring annual costs of $34 million to protect about 35,000 workers. The American Petroleum Institute challenged the standard, arguing that OSHA had not shown that it was “reasonably necessary” or that its benefits justified its costs.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.