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NAT. COAL. AGAINST THE MISUSE OF PEST. v. THOMAS

Nos. 86-1114, 86-1535.

809 F.2d 875 (1987)

NATIONAL COALITION AGAINST THE MISUSE OF PESTICIDES, et al., Petitioners, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, et al., Respondents. NATIONAL COALITION AGAINST THE MISUSE OF PESTICIDES, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1987.

As Amended January 16, 1987.

Attorney(s) appearing for the Case

Alexander J. Pires, Jr., with whom John M. Himmelberg and Jeffrey A. Knishkowy were on the brief for petitioners.

Letitia Grishaw, Dept. of Justice, with whom Cara S. Jablon, Michael S. Winer and Stanley H. Abramson, Office of General Counsel, E.P.A. were on the brief, Michael W. Steinberg, Dept. of Justice entered an appearance for respondents.

Before STARR and WILLIAMS, Circuit Judges, and GREEN, District Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

In the Federal Food, Drug and Cosmetic Act, Congress conferred authority on the Environmental Protection Agency to promulgate tolerances limiting the level of pesticides in raw fruits and vegetables "to the extent necessary to protect the public health." 21 U.S.C. § 346a(b) (1982). Petitioners seek review of EPA's exercise of this authority to fix tolerances for the amount of ethylene...

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