ELR Citation: ELR 20855
No(s). 73-1361 (3d Cir. Oct 4, 1973)

The court vacates emergency temporary standards issued by the Occupational Safety and Health Administration (OSHA) for plant procedures regarding two alleged carcinogens because the statement of reasons accompanying OSHA's order did not adequately set forth either the agency's basis for finding the chemicals carcinogenic or the reasons for choosing these standards and procedures rather than others. Even though the standards are vacated on other grounds, the court rules that in view of the need to accommodate the provisions of NEPA to the emergency health protection provisions of the Occupational Safety and Health Act, OSHA's issuance of a draft environmental impact statement shortly after promulgation of the emergency temporary standards was adequate compliance with the requirements of NEPA. The court notes that emergency temporary standards must be replaced within six months by permanent standards, for which a completed EIS is required.

Counsel for Plaintiffs
Donald L. Morgan
Charles F. Lettow
Eric Schwartz
Cleary, Gottlieb, Steen & Hamilton
1250 Connecticut Avenue, NW
Washington, DC 20036

Alan B. Morrison
Public Citizen Litigation Group
2000 P Street, NW
Room 515
Washington, DC 20036

Counsel for Defendants
Irving Jaffee Asst. Attorney General
Walter H. Fleischer
James C. Hair, Jr.
Department of Justice
Washington, DC 20530