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NAT. COAL. AGAINST MISUSE OF PESTICIDES v. E.P.A.

No. 88-5147.

867 F.2d 636 (1989)

NATIONAL COALITION AGAINST THE MISUSE OF PESTICIDES, et al., Appellees, v. ENVIRONMENTAL PROTECTION AGENCY, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1989.

Attorney(s) appearing for the Case

Kathleen P. Dewey, Atty., Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., Anne S. Almy and J. Steven Rogers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellants.

Victor M. Sher, Seattle, Wash., with whom Paula Dinerstein and Gerald I. Sommer, Washington, D.C., were on the brief, for appellees.

James F. Flug, Washington, D.C., also entered an appearance for appellees.

Before RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and GIBSON, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Administrator of the Environmental Protection Agency appeals from an order of the district court permanently enjoining EPA from permitting "sales, commercial use and commercial application of existing stocks" of the termiticides chlordane and heptachlor pursuant to a settlement agreement under which the producers of the chemicals agreed to voluntary cancellation of the chemicals...

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