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SAVE OUR ECOSYSTEMS v. CLARK

Nos. 83-3908, 83-3918, 83-3887 and 83-3916.

747 F.2d 1240 (1984)

SAVE OUR ECOSYSTEMS, Plaintiffs-Cross-Appellants, Appellees, v. William P. CLARK, Secretary of the Interior, Defendant-Cross-Appellee, Appellant, Paul E. MERRELL, et al., Plaintiffs-Appellees, Cross-Appellants, v. John R. BLOCK, Secretary of Agriculture, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted December 13, 1983.

Decided January 27, 1984.

As Amended November 21, 1984.

Attorney(s) appearing for the Case

Ralph A. Bradley, Bradley & Gordon, Eugene, Or., Michael Axline, Pacific Northwest Resources Clinic, Eugene, Or., for Save Our Ecosystems.

Jacques B. Gelin, Al Ferlo, Attys., U.S. Dept. of Justice, Washington, D.C., for Clark.

Fredrick A. Provorny, St. Louis, Mo., C. David Barrier, G. William Frick, Lathrop, Koontz, Righter, Glagett & Norquist, Kansas City, Mo., amicus curiae for Monsanto Co.

Before ANDERSON and FLETCHER, Circuit Judges, and THOMPSON, District Judge.

FLETCHER, Circuit Judge:

Plaintiffs in these consolidated cases challenge the spraying of herbicides on United States Forest Service (USFS) and Bureau of Land Management (BLM) lands. Both cases involve whether research on and disclosure of the potential carcinogenic, teratogenic and mutagenic effects of the herbicides is required under the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4331-4335 (1976) (NEPA).

The district court enjoined...

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