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CIBA-GEIGY CORP. v. U.S. E.P.A.

No. 88-4361.

874 F.2d 277 (1989)

CIBA-GEIGY CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

June 2, 1989.

Attorney(s) appearing for the Case

Kenneth W. Weinstein, Washington, D.C., for petitioner.

Kenneth D. Morris, Wilmington, Del., for amicus curia.

Haynes L. Harkey, Jr., Hayes, Harkey, Smith, Cascio & Mullens, for amicus curiae.

Marilyn Perry Jacobsen, Andrew G. Gordon, Lee M. Thomas, Adm'r, E.P.A., Washington, D.C., for U.S. E.P.A.

Before RUBIN, KING and GARWOOD, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The issue is whether the Administrator of the United States Environmental Protection Agency (EPA) misapplied § 6(b) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136d(b), in cancelling the registration of the pesticide diazinon for use on golf courses and sod farms on the ground that it "generally causes unreasonable adverse effects on the environment." Ciba-Geigy Corporation, a manufacturer...

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