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ENVIRONMENTAL DEFENSE FUND, INCORPORATED v. HARDIN

No. 23813.

428 F.2d 1093 (1970)

ENVIRONMENTAL DEFENSE FUND, INCORPORATED, et al., Petitioners, v. Clifford M. HARDIN, Secretary of Agriculture, United States Department of Agriculture, Respondents, Izaak Walton League of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

May 28, 1970.

Attorney(s) appearing for the Case

Messrs. James W. Moorman and Charles R. Halpern, Washington, D. C., were on the motion for petitioners and intervenor; Mr. Edward Berlin, Washington, D. C., was also on the motion for petitioner Environmental Defense Fund, Inc.

Messrs. Charles W. Bucy, Asst. Gen. Counsel, Department of Agriculture, and Alan S. Rosenthal, Attorney, Department of Justice, were on the motion for respondents.

Messrs. John L. Murphy and Howard S. Epstein, Attorneys, Department of Justice, and Paul M. Donovan, Attorney, Department of Agriculture, also entered appearances for respondents.

Before BAZELON, Chief Judge, and ROBINSON, Circuit Judge, in chambers.

BAZELON, Chief Judge:

This case requires the court to consider under what circumstances there may be a judicial remedy for the failure of an administrative agency to act promptly, and what form that remedy may take.

The shipment of pesticides in interstate commerce is regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which is administered by the Secretary of the Department of Agriculture.1 The Act requires...

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