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NAT. CATTLEMEN'S ASS'N v. UNITED STATES E.P.A.

Nos. 83-2380, 84-1148.

773 F.2d 268 (1985)

NATIONAL CATTLEMEN'S ASSOCIATION, National Wool Growers Association, and Public Lands Council, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Defenders of Wildlife, et al., Intervenors, State of Wyoming, Amicus Curiae. DEFENDERS OF WILDLIFE, et al., Petitioners, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent, National Cattlemen's Association, et al., Intervenors, State of Wyoming, Intervenor-Respondent.

United States Court of Appeals, Tenth Circuit.

September 19, 1985.

Attorney(s) appearing for the Case

Sam Kazman (Ronald A. Zumbrun and Lucinda Low Swartz of Pacific Legal Foundation, Washington, D.C., with him on briefs), for Nat. Cattlemen's Ass'n et al. and State of Wyo.

David J. Hayes (Patrick M. Raher, Helen R. Trilling and Jamie R. Bennett with him on briefs) of Hogan & Hartson, Washington, D.C., for Defenders of Wildlife, et al.

William L. Jordan (Michael S. Winer, with him on brief), and Lee R. Tyner (F. Henry Habicht, II, Asst. Atty. Gen., and Margaret N. Strand, with him on brief), Land and Natural Resources Division, Dept. of Justice, Washington, D.C., for respondent.

Before BARRETT and McKAY, Circuit Judges, and ELLISON, District Judge.

McKAY, Circuit Judge.

This case involves a three-way struggle over the use of Compound 1080, a predacide used to kill coyotes and other predators threatening the economic well-being of the livestock industry. Caught in the middle of the struggle is the EPA, which decided to lift the ban on Compound 1080, but in doing so imposed severe restrictions on its use. Defenders of Wildlife argue that all uses of Compound 1080 should remain banned. The National Cattlemen's...

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