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NORTHWEST FOOD PROCESSORS ASS'N v. REILLY

Nos. 88-4339, 88-4389 and 88-7216.

886 F.2d 1075 (1989)

NORTHWEST FOOD PROCESSORS ASSOCIATION, a nonprofit association; Tualatin Valley Fruit Marketing, Inc., an Oregon corporation; American Frozen Food Institute, a nonprofit association; James M. Love, Plaintiffs-Appellants-Cross-Appellees, and Dave Frohnmayer, Attorney General for the State of Oregon, on behalf of the People of the State of Oregon, Plaintiff-Intervenor, v. William K. REILLY, Administrator, Defendant-Appellee, David Alvarez; Alicia Prieto; Cristina Esquivel, et al.; National Coalition Against the Misuse of Pesticides; Northwest Coalition Against Pesticides; Natural Resources Defense Council; United Farmworkers Union of Washington State; Pineros y Campesinos Unidos Del Noroeste, Inc., Defendants-Intervenors-Appellees-Cross-Appellants. AMERICAN FROZEN FOOD INSTITUTE, a nonprofit association, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; William K. Reilly, Administrator, Respondents.

United States Court of Appeals, Ninth Circuit.

Order Filed March 20, 1989.

Opinion Decided September 27, 1989.

Attorney(s) appearing for the Case

Susan K. Eggum, McEwen, Gisvold, Rankin & Stewart, Portland, Or., for plaintiffs-appellants-cross-appellees.

Eileen T. McDonough, U.S. Dept. of Justice, Environmental Defense Section, Washington, D.C., for defendant-appellee.

Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, Wash., for defendants-intervenors-appellees-cross-appellants.

Before SKOPIL, CANBY and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

These three consolidated cases all involve a decision by the Environmental Protection Agency Administrator ("the Administrator") to cancel the registrations for the herbicide dinoseb. Because of the urgent circumstances, we sustained the Administrator's decision without a published opinion. See Northwest Food Processors Ass'n v. Reilly, 869 F.2d 542 (9th Cir.1989). We now explain the basis...

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