| dbo:abstract
|
- Industrial Union Department v. American Petroleum Institute (also known as the Benzene Case), 448 U.S. 607 (1980), was a case decided by the Supreme Court of the United States. This case represented a challenge to the OSHA practice of regulating carcinogens by setting the exposure limit "at the lowest technologically feasible level that will not impair the viability of the industries regulated." OSHA selected that standard because it believed that (1) it could not determine a safe exposure level and that (2) the authorizing statute did not require it to quantify such a level. The AFL Industrial Union Department served as the petitioner; the American Petroleum Institute was the respondent. A plurality on the Court, led by Justice Stevens, wrote that the authorizing statute did indeed require OSHA to demonstrate a significant risk of harm (albeit not with mathematical certainty) in order to justify setting a particular exposure level. Perhaps more important than the specific holding of the case, the Court noted in dicta that if the government's interpretation of the authorizing statute had been correct, it might violate the nondelegation doctrine. This line of reasoning may represent the "high-water mark" of recent attempts to revive the doctrine. (en)
|
| dbo:wikiPageExternalLink
| |
| dbo:wikiPageID
| |
| dbo:wikiPageLength
|
- 7241 (xsd:nonNegativeInteger)
|
| dbo:wikiPageRevisionID
| |
| dbo:wikiPageWikiLink
| |
| dbp:arguedate
|
- 0001-10-10 (xsd:gMonthDay)
|
| dbp:argueyear
| |
| dbp:case
|
- Industrial Union Department v. American Petroleum Institute, (en)
|
| dbp:concurrence
|
- Powell (en)
- Rehnquist (en)
|
| dbp:courtlistener
| |
| dbp:decidedate
|
- 0001-07-02 (xsd:gMonthDay)
|
| dbp:decideyear
| |
| dbp:dissent
| |
| dbp:findlaw
| |
| dbp:fullname
|
- Industrial Union Department, AFL-CIO v. American Petroleum Institute, et al. (en)
|
| dbp:holding
|
- The Secretary applied the act inappropriately. In order to comply with the statute, the secretary must determine 1) that a health risk of a substance exists at a particular threshold and 2) Decide whether to issue the most protective standard, or issue a standard that weighs the costs and benefits. (en)
|
| dbp:joindissent
|
- Brennan, White, Blackmun (en)
|
| dbp:joinplurality
|
- Burger, Stewart; Powell (en)
|
| dbp:justia
| |
| dbp:litigants
|
- Industrial Union Department v. American Petroleum Institute (en)
|
| dbp:loc
| |
| dbp:parallelcitations
| |
| dbp:plurality
| |
| dbp:uspage
| |
| dbp:usvol
| |
| dbp:wikiPageUsesTemplate
| |
| dcterms:subject
| |
| rdf:type
| |
| rdfs:comment
|
- Industrial Union Department v. American Petroleum Institute (also known as the Benzene Case), 448 U.S. 607 (1980), was a case decided by the Supreme Court of the United States. This case represented a challenge to the OSHA practice of regulating carcinogens by setting the exposure limit "at the lowest technologically feasible level that will not impair the viability of the industries regulated." OSHA selected that standard because it believed that (1) it could not determine a safe exposure level and that (2) the authorizing statute did not require it to quantify such a level. The AFL Industrial Union Department served as the petitioner; the American Petroleum Institute was the respondent. A plurality on the Court, led by Justice Stevens, wrote that the authorizing statute did indeed requir (en)
|
| rdfs:label
|
- Industrial Union Department v. American Petroleum Institute (en)
|
| owl:sameAs
| |
| prov:wasDerivedFrom
| |
| foaf:isPrimaryTopicOf
| |
| foaf:name
|
- (en)
- Industrial Union Department, AFL-CIO v. American Petroleum Institute, et al. (en)
|
| is dbo:wikiPageRedirects
of | |
| is dbo:wikiPageWikiLink
of | |
| is foaf:primaryTopic
of | |
