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INTERNATIONAL BROMINATED SOLVENTS ASS'N v. ACGIH

No. 5:04-cv-394(HL).

625 F.Supp.2d 1310 (2008)

INTERNATIONAL BROMINATED SOLVENTS ASSOCIATION; Aero-Safe Products, Inc.; National Mining Association; and Anchor Glass Container Corporation, Inc., Plaintiffs, v. AMERICAN CONFERENCE OF GOVERNMENTAL INDUSTRIAL HYGIENISTS, INC.; Elaine Chao Secretary, U.S. Department of Labor; Tommy Thompson Secretary, U.S. Department of Health and Human Services, Defendants.

United States District Court, M.D. Georgia, Macon Division.

May 6, 2008.

Attorney(s) appearing for the Case

Andrew Zimmitti, David Farber, Henry Z. Chajet, Patton Boggs LLP Attorneys at Law, John D. Austin, Jr., R. Brian Hendrix, Patton Boggs LLP, Washington, DC, William Camp Harris, Harris & James, LLP, William David Gifford, US Attorney's Office, Middle District of Georgia, Macon, GA, for Plaintiffs.

James H. Cox, Carlton Fields, Lynda Womack Kenney, Hall Booth Smith & Slover, P.C., Atlanta, GA, Matthew T. Strickland, Jones, Cork & Miller, LLP, Macon, GA, Steven John Fellman, Brendan Collins, David K. Monroe, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., Daniel Bensing, Washington, DC, for Defendants.

ORDER

HUGH LAWSON, District Judge.

I. INTRODUCTION

At issue in this case is the adoption and enforcement of workplace-safety exposure levels for four chemical substances—silica, copper, n-propyl bromide ("nPB"), and diesel particulate matter ("DPM"). Plaintiffs are International Brominated Solvents Association ("IBSA"), National Mining Association ("NMA"), AeroSafe Products, Inc., ("AeroSafe"), and Anchor Glass Container Corporation...

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