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OREGON ENVIRONMENTAL COUNCIL v. KUNZMAN

No. 82-3232.

714 F.2d 901 (1983)

OREGON ENVIRONMENTAL COUNCIL, Citizens For the Safe Control of the Gypsy Moth, Elaine Olsen, Glen Olsen, Plaintiffs-Appellants, v. Leonard KUNZMAN, Director, State of Oregon, Department of Agriculture, State of Oregon, Department of Agriculture, John R. Block, Secretary, United States Department of Agriculture, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 30, 1983.

Attorney(s) appearing for the Case

Peter R. Steenland, Martin Green, Washington, D.C., William F. Nessly, Jr., Asst. Atty. Gen., Salem, Or., for defendants-appellees.

Larry N. Sokol, Jolles, Sokol & Bernstein, Portland, Or., John E. Bonine, Michael Axline, Eugene, Or., for plaintiffs-appellants.

Before CHOY, FERGUSON, and CANBY, Circuit Judges.

CANBY, Circuit Judge:

The United States and Oregon Departments of Agriculture announced plans to spray a 6,400 acre area of South Salem, Oregon with a pesticide containing the chemical carbaryl in order to combat an infestation of the gypsy moth (Lymantria dispar). Residents of South Salem and two environmental groups then filed this action to prevent the aerial spraying. They sought relief against the federal defendants under the Administrative Procedure Act...

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