ENVIRONMENTAL DEFENSE FUND, INC., Petitioner,
v.
Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent,
Ciba-Geigy Corporation, Intervenor.
FLORIDA CITRUS MUTUAL, Petitioner,
v.
Douglas M. COSTLE, Administrator, Environmental Protection Agency, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 15, 1980.
Decided July 17, 1980.
Rehearing Denied August 18, 1980.
Attorney(s) appearing for the Case
Douglas V. Rigler, Washington, D. C., with whom Michael Fischer, William A. Butler and Jacqueline M. Warren, Washington, D. C., were on the brief for petitioner in No. 79-1971.
J. Hardin Peterson, Jr., Lake Wales, Fla., with whom William Amory Underhill, Washington, D. C., was on the brief for petitioner in No. 79-2133. Monterey Campbell, II, Bartow, Fla., also entered an appearance for petitioner in No. 79-2133.
David E. Menotti, Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., of the Bar of the Court of Appeals of New York, Pro hac vice by Special Leave of Court, with whom Michael S. Winer, Deputy Associate Gen. Counsel, Mitchell H. Bernstein, Gen. Atty., Environmental Protection Agency, Washington, D. C., were on the brief for respondent.
Lawrence S. Ebner, Washington, D. C., with whom Charles A. O'Connor, III and Robert A. Anthony, Washington, D. C., were on the brief for intervenor Ciba-Geigy Corp. in No. 79-1971 and amicus curiae National Agri Chemicals Ass'n urging reversal in Nos. 79-1971 and 79-2133.
Thomas O. McGarity, Washington, D. C., was on the brief for amicus curiae, American Public Health Ass'n, et al. urging reversal and remand in Nos. 19-1971 and 79-2133.
Before McGOWAN and WILKEY, Circuit Judges and RONALD N. DAVIES, Senior United States District Judge for the District of North Dakota.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILKEY.
WILKEY, Circuit Judge:
Petitioners Environmental Defense Fund, Inc. (EDF) and Florida Citrus Mutual (Florida Citrus) challenge the Environmental Protection Agency's (EPA) refusal to hold an administrative hearing regarding an order restricting the use of chlorobenzilate in four citrus growing states and banning its use elsewhere. The EPA concluded that EDF was not a party "adversely affected" by the order...
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