Dry Color Manufacturers' Association, Inc. v. Department of Labor, Oil, Chemical and Atomic Workers International Union, and Health Research Group v. Peter Brennan, Secretary United States Department of Labor and John Stender, Assistant Secretary, Occupational Safety and Health Administration, United States Department of Labor, Aerojet-General Corporation, an Ohio Corporation v. Peter J. Brennan, Secretary of Labor, and John H. Stender, Assistant Secretary of Labor for Occupational Safety and Health’s Empirical Analysis
1973
Citation profile
39 federal appellate · 8 district ·
How this case has been cited
Cited by 67 later decisions (2 by the Supreme Court) — most recently February 2008 · most notably American Textile Manufacturers Institute, Inc. v. Donovan (1981), Industrial Union Department v. American Petroleum Institute Marshall (1980)
39 federal appellate · 8 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 651 (§ 2 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 655 (§ 6 of the Occupational Safety and Health Act of 1970) · 42 U.S.C. § 1857 · 42 U.S.C. § 4321 (§ 2 of the National Environmental Policy Act of 1969) · 42 U.S.C. § 4332 (§ 102 of the National Environmental Policy Act of 1969) · 5 U.S.C. § 551 (Administrative Procedure Act of 1946)
Relies on Citizens to Preserve Overton Park, Inc. v. Volpe · Burlington Truck Lines, Inc. v. United States · United States v. Allegheny-Ludlum Steel Corp. · National Labor Relations Board v. Metropolitan Life Insurance · Portland Cement Ass'n v. Ruckelshaus
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It has long been settled that in reviewing an agency action and the adequacy of an agency’s articulation of its action, including findings of fact and reasoning processes, courts must look to the record that was considered by the agency and to the factual findings and reasoning of the agency — not to post hoc rationalizations of counsel or even agency members and not to evidentiary materials that were not considered by the agency. See, e. g., Citizens To Preserve Overton Park v. Volpe, 401 U.S. 402, 419 , 91 S.Ct. 814 , 28 L.Ed.2d 136 .”
4 later decisions quote this exact passage · from the majority““Whenever the Secretary promulgates any standard, ... he shall include a statement of the reasons for such action, which shall be published in the Federal Register.” 29 U.S.C. § 655 (e).”
1 later decision quote this exact passage · from the majority“to assure so far as possible every working man and woman in the Nation safe and healthful working conditions.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.