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N.Y. STATE PESTICIDE COALITION v. JORLING

No. 88-CV-1220.

704 F.Supp. 26 (1989)

The NEW YORK STATE PESTICIDE COALITION, INC., the Professional Lawn Care Association of America, the Pesticide Public Policy Foundation, Inc., the National Pest Control Association, the National Arborist Association, Elizabeth Seme, and Walter Schroeder, Plaintiffs, v. Thomas JORLING, as Commissioner of the New York State Department of Environmental Conservation, Defendant.

United States District Court, N.D. New York.

January 19, 1989.

Attorney(s) appearing for the Case

Nixon Hargrave Devans & Doyle, Albany, N.Y. (Thomas S. West, of counsel), for plaintiffs.

McKenna Conner & Cuneo, Washington, D.C. (Lawrence S. Ebner, of counsel), for National Pest Control Ass'n.

Robert Abrams, Atty. Gen., State of N.Y., Albany, N.Y. (Martha McCabe, Joan Leary Matthews, Asst. Attys. Gen., of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

Introduction

The plaintiffs are persons and organizations involved in the business of applying pesticides. They bring this action to challenge certain statutes and regulations recently enacted by the State of New York alleging federal pre-emption. The disputed New York legislation and agency regulations fall under the popular heading of "Right to Know" laws. As enacted, these laws and regulations...

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