BASF WYANDOTTE CORP. et al., Petitioners,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
E. I. du PONT de NEMOURS & CO. et al., Petitioners,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
MONSANTO COMPANY, Petitioner,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
DOW CHEMICAL COMPANY, Petitioner,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
MONSANTO COMPANY, Petitioner,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
DOW CHEMICAL COMPANY, Petitioner,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
E. I. du PONT de NEMOURS & CO. et al., Petitioners,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
ELI LILLY AND COMPANY, Petitioner,
v.
Douglas M. COSTLE, as Administrator, Environmental Protection Agency, Respondent.
National Agricultural Chemicals Association, Intervenor.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued January 3, 1979.
Decided May 7, 1979.
Attorney(s) appearing for the Case
Douglas E. Kliever, Washington, D. C., with whom Robert C. Barnard, Charles F. Lettow, John S. Magney, and Cleary, Gottlieb, Steen & Hamilton, Washington, D. C., were on brief, for petitioners in Nos. 77-1042, 77-1059, 77-1085, 78-1417, 78-1454, and 78-1462.
J. D. Fleming, Jr., Atlanta, Ga., with whom D. Robert Cumming, Jr., John H. Fleming, and Sutherland, Asbill & Brennan, Atlanta, Ga., were on brief, for petitioner in Nos. 77-1153 and 78-1428.
Robert L. Ackerly, Washington, D. C., with whom Richard A. Flye, Sellers, Conner & Cuneo, Washington, D. C., and Paul M. Siskind, Boston, Mass., were on brief, for intervenor.
Paul M. Kaplow, Atty., Dept. of Justice, and Colburn T. Cherney, Atty., Environmental Protection Agency, with whom James A. Rogers, Associate Gen. Counsel, Steven Schatzow, Deputy Associate Gen. Counsel, Environmental Protection Agency, James W. Moorman, Asst. Atty. Gen., and Angus MacBeth, Washington, D. C., were on brief, for respondent.
Before COFFIN, Chief Judge, BOWNES, Circuit Judge, MAZZONE, District Judge.
United States Court of Appeals, First Circuit.
COFFIN, Chief Judge.
These consolidated petitions have been brought by eleven manufacturers of pesticides1 against the respondent, the Administrator of the Environmental Protection Agency (EPA or Agency), seeking review of regulations governing the discharge of pollutants by the pesticide industry. 40 C.F.R. Part 455, 43 Fed.Reg. 17776 and 43 Fed.Reg. 44845 (1978). An industry organization, the National Agricultural Chemical Association...
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