Attorney(s) appearing for the Case
Mr. James W. Moorman, Washington, D. C., with whom Mr. Charles R. Halpern, Washington, D. C., was on the brief for petitioners Environmental Defense Fund, Incorporated, Sierra Club, West Michigan Environmental Action Council, and National Audubon Society. Messrs. Edward Lee Rogers and Edward Berlin, Washington, D. C., were on the brief for petitioner Environmental Defense Fund, Incorporated.
Mr. Raymond W. Fullerton, Atty., Department of Agriculture, of the bar of the Court of Appeals of Maryland, pro hac vice, by special leave of Court, with whom Messrs. Charles W. Bucy, Asst. Gen. Counsel, Department of Agriculture, and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for respondents. Mr. Paul M. Donovan, Atty., Department of Agriculture, also entered an appearance for respondents.
Mr. Philip Weinberg, Asst. Atty. Gen. of the State of New York, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Gordon P. MacDougall, Washington, D. C., was on the brief, for intervenor, State of New York.
Mr. Robert L. Ackerly, Washington, D. C., for intervenor, Montrose Chemical Corporation of California.
Messrs. John D. Conner, Washington, D. C., and Charles A. O'Connor, III, filed a brief on behalf of National Agricultural Chemicals Association, as amicus curiae.
Messrs. James W. Moorman and Charles R. Halpern, Washington, D. C., entered appearances for intervenor, Izaak Walton League of America.
Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
BAZELON, Chief Judge:
This is a petition for review of an order of the Secretary of Agriculture,1 refusing to suspend the federal registration of the pesticide DDT or to commence the formal administrative procedures that could terminate that registration. We conclude that the order was based on an incorrect interpretation of the controlling statute, and accordingly remand the case for further proceedings.
I
At the outset...
NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.
As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.
GET STARTED
OR