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NADER v. U.S. E.P.A.

No. 87-7103.

859 F.2d 747 (1988)

Ralph NADER, Natural Resources Defense Council, State of New York, Public Citizen, Mark Beyeler, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and Uniroyal Chemical Company, et al., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided October 14, 1988.

Attorney(s) appearing for the Case

Albert H. Meyerhoff, National Resources Defense Council, San Francisco, Cal., William B. Schultz, Patti Goldman, Public Citizen Litigation Group, Washington, D.C., Robert Abrams, Atty. Gen., Norman Spiegel, Asst. Atty. Gen., New York City, for petitioners.

Beth S. Ginsberg, Environmental Defense Section, U.S. Dept. of Justice, Edward C. Gray, Attorney, U.S. Environmental Protection Agency, Washington, D.C., for respondent.

Kenneth W. Weinstein, McKenna, Conner & Cuneo, Washington, D.C., for respondents-intervenors.

Before CHAMBERS, SCHROEDER and FLETCHER, Circuit Judges.

FLETCHER, Circuit Judge:

This case requires us to decide for the first time whether the EPA's denial of a citizens' rulemaking petition may be directly appealed to this court pursuant to 21 U.S.C. § 346a(i) or 21 U.S.C. § 348(g).

After several disputed scientific studies suggested that the pesticide daminozide may cause tumors, respondent EPA conducted a special review to decide whether to revoke the tolerance for daminozide. On

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