Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit 5-15-2009 Pub Citizen Health v. OSHA Precedential or Non-Precedential: Precedential Docket No. 06-1818 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "Pub Citizen Health v. OSHA" (2009). 2009 Decisions. Paper 1273. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1273 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ Nos. 06-1818 and 06-2604 _____________ PUBLIC CITIZEN HEALTH RESEARCH GROUP; THE UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, Petitioners in No. 06-1818 v. UNITED STATES DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Respondent Aerospace Industries Association of America, Inc., Portland Cement Association**, Surface Finishing Industry Council*, Color Pigments Manufacturers Association, Inc., National Association of Manufacturers and Specialty Industry of North America, Intervenors (*Dismissed - See Court's Order dated 12/13/06) (**Dismissed - See Court's Order dated 06/26/07)  _____________ EDISON ELECTRIC INSTITUTE, Petitioner in No. 06-2604 v. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, Respondent Aerospace Industries Association of America, Inc., Portland Cement Association**, Surface Finishing Industry Council*, Color Pigments Manufacturers Association, Inc., National Association of Manufacturers and Specialty Industry of North America, Intervenors (*Dismissed - See Court's Order dated 12/13/06) (**Dismissed - See Court's Order dated 06/26/07) Appeals from the United States Department of Labor Occupational Safety & Health Administration (Agency No. OSHA-1: H054A) 2  Argued November 21, 2008 Before: SCIRICA, Chief Judge, RENDELL, Circuit Judge, and O’CONNOR, Retired Associate Justice, U.S. Supreme Court* ORDER AMENDING OPINION RENDELL, Circuit Judge. It is hereby ORDERED that the Precedential Opinion filed in the within matter on February 23, 2009, is AMENDED as follows: __________________ * Honorable Sandra Day O ’Connor, retired Associate Justice of the United States Supreme Court, sitting by designation. 3  On page 41, at the end of the first partial paragraph, insert the following sentence: In its brief, OSHA concedes that the number for aerospace painting in the final rule inc lude d c erta in una f fec te d operations, and that the correct number is approximately 4,000 workers. On page 41, in the second full paragraph, delete the following sentence: HRG offers no explanation to justify its lower figure for aerospace painters, and does not explain why it did not include workers engaged in enclosed space welding. BY THE COURT: /s/ Marjorie O. Rendell ___________________________ Circuit Judge Dated: May 15, 2009 4