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

Nos. 74-1924, 74-2113, 74-2114 and 75-1092.

510 F.2d 1292 (1975)

ENVIRONMENTAL DEFENSE FUND, INC., and National Audubon Society, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Russell E. Train, Administrator, Respondent, Shell Chemical Company and Earl L. Butz, Secretary of Agriculture, Intervenor. SHELL CHEMICAL COMPANY, DIVISION OF SHELL OIL COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Russell E. Train, Administrator, Environmental Protection Agency, Respondents. FLORIDA CITRUS MUTUAL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Russell E. Train, Administrator, Environmental Protection Agency, Respondents. Earl L. BUTZ, Secretary of Agriculture of the United States, Petitioner, v. Russell E. TRAIN, Administrator of the Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 1975.


Attorney(s) appearing for the Case

William A. Butler, with whom Jacqueline M. Warren, John F. Dienelt, and John T. Shinkle, Washington, D. C., were on the brief for petitioners in No. 74-1924.

Dennis G. Lyons, Washington, D. C., with whom David H. Lloyd, Andrew S. Krulwich, and Linda F. Blumenfeld, Washington, D. C., were on the brief, for petitioner in No. 74-2113 also argued for petitioner in No. 74-2114.

Raymond W. Fullerton, Atty., Dept. of Agriculture, with whom John A. Knebel, Gen. Counsel, James Michael Kelly, Asst. Gen. Counsel, and Richard S. Wasserstrom, Atty., Dept. of Agriculture, were on the brief for petitioner in No. 75-1092.

Charles W. Lane, III, New Orleans, La., was on the brief for petitioner in No. 74-2114.

Michael H. Stein, Atty., Dept. of Justice, with whom Carla A. Hills, Asst. Atty. Gen., Stephen F. Eilperin, Atty., Dept. of Justice, and William E. Reukauf, Atty., Environmental Protection Agency, were on the brief for respondents.

Opinion for the Court filed by Circuit Judge LEVENTHAL.


LEVENTHAL, Circuit Judge:

This case involves the validity of an order issued by the Administrator of the Environmental Protection Agency (EPA) on October 1, 1974, suspending the registration and prohibiting the manufacture and sale1 of the pesticides aldrin and dieldrin.2 EPA permitted the sale and use of existing stocks manufactured prior to August 2, 1974, the date...

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