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NEW YORK STATE PESTICIDE COALITION v. JORLING

No. 1006, Docket 89-7143.

874 F.2d 115 (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-Appellants, v. Thomas JORLING, as Commissioner of the New York State Department of Environmental Conservation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 10, 1989.

Attorney(s) appearing for the Case

Thomas S. West, Albany, N.Y. (Ruth E. Leistensnider, Nixon, Hargrave, Devans & Doyle, Albany, N.Y., of counsel), for plaintiffs-appellants.

Martha McCabe, Asst. Atty. Gen. State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Val E. Washington, Joan Leary Matthews, Asst. Attys. Gen., Albany, N.Y., of counsel), for defendant-appellee.

Before KAUFMAN, PRATT, and MINER, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

During the last two decades, America has recognized the imminent threat to the environment presented by continued pollution of our natural resources. Effective regulation of hazardous chemicals, including pesticides, has emerged as basic to our national environmental policy. Increasingly, many state governments have also taken up the cause. New York is the first state to enact a comprehensive Pesticide Notification Program and as...

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