ENVIRONMENTAL DEFENSE FUND, INC. v. E. P. A.

Nos. 75-2259, 76-1181, 76-1245 and 76-1247.

548 F.2d 998 (1976)

ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Russell E. Train, Administrator, Respondents, Velsicol Chemical Corporation and Pineapple Growers Association of Hawaii et al., Intervenors. Earl L. BUTZ, Secretary of Agriculture of the United States, Petitioner, v. Russell E. TRAIN, Administrator of the Environmental Protection Agency, Respondent, Velsicol Chemical Corporation, Intervenor. VELSICOL CHEMICAL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Russell E. Train, Administrator, Respondent. VELSICOL CHEMICAL CORPORATION, Petitioner, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 10, 1976.

As Modified and Supplemental Opinion on Denial of Rehearing January 6, 1977.


Attorney(s) appearing for the Case

Jacqueline M. Warren, Washington, D.C., with whom William A. Butler and John F. Dienelt, Washington, D.C., were on the brief for petitioner in No. 75-2259.

Raymond W. Fullerton, Atty., with whom James Michael Kelly, Asst. Gen. Counsel, Alfred R. Nolting and Margaret M. Brienholt, Attys., Dept. of Agriculture, Washington, D.C., were on the brief for petitioners in No. 76-1181.

Robert L. Weinberg, Washington, D.C., with whom John G. Kester, Richard M. Cooper and Kendrae Heymann, Washington, D.C., were on the brief for intervenor Veliscol Chemical Corp.

Michael H. Stein, Atty., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Robert E. Kopp, Atty., Dept. of Justice Robert V. Zener, Gen. Counsel, E.P.A., Richard J. Denney Jr., Associate Gen. Counsel, John E. Bonine, Deputy Associate Gen. Counsel, Lee C. Schroer and Ronald C. Hausmann, Attys., E.P.A., Washington, D.C., were on the brief for respondents.

Peter Barton Hutt and Clausen Ely, Jr., Washington, D.C., were on the brief for intervenor, Pineapple Growers Association of Hawaii, and others.

Before LEVENTHAL, ROBINSON and WILKEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

This case involves the pesticides heptachlor and chlordane. Consolidated petitions seek review of an order of the Environmental Protection Agency (EPA) suspending the registration of those pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)1 for certain uses. The Administrator...

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