Sam P. McGILL et al., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY et al., Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
April 20, 1979.
April 20, 1979.
Attorney(s) appearing for the Case
Ben B. Blackburn, Wayne T. Elliott, S.E. Legal Foundation Inc., Atlanta, Ga., for petitioners.
J. David Dyson, Asst. Atty. Gen., Atlanta, Ga., for Ga. Dept. of Agriculture.
Barbara A. Babcock, Asst. Atty. Gen., Dept. of Justice, Civil Div., Joan V. Bernstein, Gen. Counsel, Richard J. Denney, Jr., Assoc. Gen. Counsel, David E. Menotti, Deputy Assoc. Gen. Counsel, Thomas O. McGarity, E. P. A., Robert E. Kopp, Atty., Dept. of Justice, Russell E. Train, Administrator, E. P. A., Mark H. Gallant, Dept. of Justice, Joseph B. Scott, Dept. of Justice, Civil Div., Washington, D. C., for respondents.
Millard R. Rich, Jr., Deputy Atty. Gen., Raleigh, N. C., for N. C. Dept. of Agriculture.
Clausen Ely, Jr., Peter Barton Hutt, Washington, D. C., for Pineapple Growers Ass'n of Hawaii.
William A. Butler, Jacqueline Warren, Washington, D. C., for Environmental Defense Fund.
Before MORGAN, FAY and RUBIN, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ALVIN B. RUBIN, Circuit Judge:
In this case we are called upon to decide how to fill a lacuna in the administrative review procedure under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 U.S.C. § 136 et seq.: should consumers of a pesticide who oppose cancellation of all pesticide-use registrations have the right to prevent the indefinite suspension of a hearing under 7 U.S.C. § 136d(a)...
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