On Petition for Writ of Mandamus to the Occupational Safety and Health Administration John F. Banzhaf, III, argued the cause and filed the briefs for petitioner. Charles F. James, Attorney, U.S. Department of Labor, argued the cause for respondents. With him on the brief were J. Davitt McAteer, Acting Solicitor of Labor, Joseph M. Woodward, Associate Solicitor, and Ann S. Rosenthal, Counsel. I When we heard the case, ASH's counsel confirmed that smoking was forbidden in ASH's offices. This raised doubts about ASH's claim that it had standing in its representative capacity.
Organizations are sometimes able to sue on behalf of their members.
But as a charitable trust, ASH did not fit the description of a traditional membership association. Contrast American Legal Found. ASH furnished post-argument affidavits at our request. Some are from ASH's donors. We do not rely on them, and thus do not decide the novel issue of derivative standing posed by a charitable trust.