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ENVIRONMENTAL DEFENSE F. v. UNITED STATES D. OF H., E. & W.

No. 23812.

428 F.2d 1083 (1970)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Petitioners, v. UNITED STATES DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Robert H. Finch, Secretary, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1970.

Attorney(s) appearing for the Case

Mr. Edward Berlin, Washington, D. C., with whom Mr. James W. Moorman, Washington, D. C., was on the brief, for petitioners.

Mr. Howard S. Epstein, Attorney, Department of Justice, with whom Messrs. John L. Murphy, Chief, Administrative Regulations Section, Department of Justice, and William W. Goodrich, Asst. Gen. Counsel, U. S. Department of Health, Education and Welfare, were on the brief, for respondents.

Before FAHY, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

The pesticide DDT has been one of the most widely used chemicals to control various insect populations and to protect agricultural crops from destruction by insects. Recent scientifc studies have, however, raised serious questions about the effect on the environment and on human health of the continued use of DDT. Some experiments have demonstrated that DDT increased the incidence of cancer in mice, and a recent Government commission...

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