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MERRELL v. THOMAS

No. 85-4026.

807 F.2d 776 (1986)

Paul E. MERRELL, Plaintiff-Appellant, v. Lee THOMAS, Defendant-Appellee, and Ciba-Geigy Corporation, et al., Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided December 31, 1986.

Attorney(s) appearing for the Case

Michael Axline, John E. Bonine, Eugene, Or., for plaintiff-appellant.

Kenneth W. Weinstein, McKenna, Conner & Cuneo, Peter R. Steenland, Dept. of Justice, John A. Bryson, Land & Natural Resource Div., Washington, D.C., for defendant-appellee.

Before SNEED, KENNEDY, and KOZINSKI, Circuit Judges.

SNEED, Circuit Judge:

This appeal raises a single legal issue: whether the Environmental Protection Agency (EPA) must comply with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4370a, when it registers pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y. The district court, 608 F.Supp. 644, ruled that it need not. After examining FIFRA...

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