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Industrial Union Department v. American Petroleum Institute -LRB- The Benzene Case -RRB- , , was a case heard before the United States Supreme Court .. Industrial Union Department. AFL–CIO#Constitutional departments. American Petroleum Institute. American Petroleum Institute. United States Supreme Court. Supreme Court of the United States. This case represented a challenge to the OSHA practice of regulating carcinogens by setting the exposure limit `` at the lowest technologically feasible level that will not impair the viability of the industries regulated . ''. OSHA. Occupational Safety and Health Administration. OSHA selected that standard because it believed that -LRB- 1 -RRB- it could not determine a safe exposure level and that -LRB- 2 -RRB- the authorizing statute did not require it to quantify such a level .. OSHA. Occupational Safety and Health Administration. A plurality on the Court , led by Justice Stevens , wrote that the authorizing statute did indeed require OSHA to demonstrate a significant risk of harm -LRB- albeit not with mathematical certainty -RRB- in order to justify setting a particular exposure level .. OSHA. Occupational Safety and Health Administration. Perhaps more importantly , the Court noted in dicta that if the government 's interpretation of the authorizing statute had been correct , it might violate the Nondelegation doctrine .. Nondelegation doctrine. Nondelegation doctrine. This line of reasoning may represent the `` high-water mark '' of recent attempts to revive the doctrine .