LOVE v. THOMAS

No. 87-3866.

838 F.2d 1059 (1988)

James M. LOVE; Northwest Food Processors Association; Tualatin Valley Fruit Marketing, Inc.; Plaintiffs-Appellees; Dave Frohnmayer, Attorney General for the State of Oregon, on behalf of the people of the State of Oregon, Intervenor-Appellee; v. Lee M. THOMAS, Administrator, United States Environmental Protection Agency, Defendant-Appellant; American Federation of Labor — Congress of Industrial Organizations; Natural Resources Defense Council, Inc.; United Farmworkers of Washington State; Pineros Y Campesinos Unidos Del Noroeste, Inc.; Christina Esquivel; Diana Guzman; Alicia Prieto; Aurora Leon; Zenaida Prieto; Maria Esquivel; Constancio Martinez; Juan Prieto, Jr.; Enrique Prieto; Antonio Leon; Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1988.


Attorney(s) appearing for the Case

John A. Bryson, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Susan K. Eggum, McEwen, Gisvold, Rankin & Stewart, Phillip D. Chadsey and Charles F. Adams, Stoel Rives Boley Jones & Grey, Portland, Or., for plaintiffs-appellees.

Arden J. Olson, Asst. Atty. Gen., State of Or., for intervenor-appellee.

Albert H. Meyerhoff, Natural Resources Defense Council, Inc., San Francisco, Cal., for intervenors.

Before ANDERSON, NORRIS and KOZINSKI, Circuit Judges.


KOZINSKI, Circuit Judge:

Farmers and food processors in the Pacific Northwest brought this lawsuit to enjoin the Environmental Protection Agency from suspending registrations of the pesticide dinoseb (2-sec-butyl-4, 6-dinitrophenol). Plaintiffs use products containing dinoseb or its salts in the cultivation of green peas, snap beans, cucurbits and caneberries.1 As counsel for the State of Oregon dramatically proclaimed at oral argument...

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