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SIERRA CLUB v. PETERSON

Nos. 82-4489, 82-4490.

705 F.2d 1475 (1983)

SIERRA CLUB, a nonprofit corporation, Plaintiff-Appellant, v. R. Max PETERSON, in his official capacity as Chief, United States Forest Service; John R. Block, in his official capacity as Secretary of the Department of Agriculture, et al., Defendants-Appellees. COALITION FOR ALTERNATIVES TO PESTICIDES IN NORTHERN CALIFORNIA and Orleans Citizens Against Toxic Sprays, Plaintiffs-Appellants, v. John BLOCK, Secretary, United States Department of Agriculture, R. Max Peterson, Chief, United States Forest Service, United States Department of Agriculture, Zane G. Smith, Jr., Regional Forester, California Region, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 13, 1983.

Attorney(s) appearing for the Case

Laurens H. Silver, San Francisco, Cal., David A. Van Note, Downieville, Cal., for plaintiffs-appellants.

Martin Green, Washington, D.C., for defendants-appellees.

Before MERRILL, GOODWIN and SNEED, Circuit Judges.

MERRILL, Circuit Judge:

Appellant Sierra Club seeks an injunction requiring the United States Forest Service to cease the spraying of the herbicide 2,4-D on Forest Service lands in Del Norte and Humboldt Counties, California, without having first complied with state permit requirements or having secured a presidential order exempting it from such compliance.1 The District Court dismissed the action and the Sierra Club appeals.

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