denying plaintiffs’ hazardous duty claim despite their exposure to “environmental carbon monoxide contained in the exhaust fumes of automobiles”
How later courts described this case
- denying plaintiffs’ hazardous duty claim despite their exposure to “environmental carbon monoxide contained in the exhaust fumes of automobiles”
- court held plaintiff not entitled to HPD because did not prove exposure to dangerously high levels carbon monoxide
Written by the judges who cited it.
The opinion
KxjNzxg, Judge,
concurring:
I concur with the opinion of the court, but like Judge Davis, I, too, am disturbed at the failure of the court to consider the National Primary and Secondary Ambient Air Quality Standards promulgated by the Administrator of the Environmental Protection Agency, 36 Fed. Keg. 8186-8201 (1971), which seem to me relevant. See Exec. Order No. 11,507, 35 Fed. Keg. 2573 (1970).