ENVIRONMENTAL DEFENSE FUND v. ENVIRONMENTAL PRO. AG.

No. 71-1365.

465 F.2d 528 (1972)

ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and William D. Ruckelshaus, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 1972.

As Amended May 16, 1972.


Attorney(s) appearing for the Case

Mr. William A. Butler, East Setauket, N. Y., with whom Messrs. Edward Lee Rogers, East Setauket, N. Y., Edward Berlin and James W. Moorman, Washington, D. C., were on the brief, for petitioner.

Mr. Michael C. Farrar, Asst. Gen. Counsel, Environmental Protection Agency, with whom Mr. L. Patrick Gray, III, Asst. Atty. Gen., Messrs. Alan S. Rosenthal, Atty. Dept. of Justice, and Thomas H. Kemp, Atty. Environmental Protection Agency, were on the brief, for respondents.

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


LEVENTHAL, Circuit Judge:

On December 3, 1970, petitioner Environmental Defense Fund (EDF), a non-profit New York corporation,1 petitioned the Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 135-135k, for the immediate suspension and ultimate cancellation of all registered uses of aldrin and dieldrin, two chemically...

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