No. 23813.

439 F.2d 584 (1971)

ENVIRONMENTAL DEFENSE FUND, INCORPORATED et al., Petitioners, v. William D. RUCKELSHAUS, Administrator of the Environmental Protection Agency & Environmental Protection Agency, Respondents, Izaak Walton League of America, Montrose Chemical Corporation of California, State of New York, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1971.

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.

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.


At the outset...


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.



Read it with your Leagle account.
Sign in to continue

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases