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ENVIRONMENTAL DEF. F., INC. v. ENVIRONMENTAL PRO. AGCY.

Nos. 72-1548, 72-1690, 72-2142, 72-2183, 73-1015, 73-1088, 73-2070.

489 F.2d 1247 (1973)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and William D. Ruckelshaus, Administrator, Respondents, Coahoma Chemical Company, Inc., Intervenors. ENVIRONMENTAL DEFENSE FUND, INC., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and William D. Ruckelshaus, Administrator, Respondents. COAHOMA CHEMICAL COMPANY et al., Petitioners, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent, EDF et al., Intervenors. OLIN CORPORATION, Petitioner, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent. CAROLINA CHEMICALS, INC., et al., Petitioners, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent. W. R. GRACE & CO. et al., Petitioners, v. William D. RUCKELSHAUS, Environmental Protection Agency, Respondent. OCTAGON PROCESS, INC., Petitioner, v. William D. RUCKELSHAUS, Administrator of the Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1973.

Attorney(s) appearing for the Case

John F. Dienelt, Washington, D. C., with whom William A. Butler, East Setauket, N. Y., was on the brief for petitioners in Nos. 72-1548 and 72-1690 and Environmental Defense Fund, Inc., and others, petitioners in No. 72-2142.

Robert L. Ackerly with whom Charles A. O'Connor, III, Washington, D. C., was on the brief for petitioners in Nos. 72-2142, 72-2183, 73-1015 and 73-2070.

Stephen F. Eilperin, Atty., Dept. of Justice with whom Walter H. Fleischer, Atty., Dept. of Justice and Blaine Fielding, Atty., Environmental Protection Agency, were on the brief for respondents. Alan S. Rosenthal, Atty., Dept. of Justice and Michael C. Farrar, Atty., Environmental Protection Agency also entered appearances for respondents.

Charles M. Crump, Memphis, Tenn., and Walkins C. Johnston, Montgomery, Ala., were on the brief for intervenors.

Before TAMM, ROBINSON and WILKEY, Circuit Judges.

WILKEY, Circuit Judge:

Coahoma Chemical Company, the Environmental Defense Fund, and other parties seek review of the 14 June 1972 Order of the Administrator of the Environmental Protection Agency (EPA) which cancelled, effective 31 December 1972, almost all registrations for the use of DDT, except for limited public health and agricultural pest quarantine purposes.1 Coahoma, along with other producers and users, challenges the Order as...

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