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LES v. REILLY

No. 91-70234.

968 F.2d 985 (1992)

Kathleen E. LES; Frances Les Thomas; Manuel Jesus Perez Morales; David R. Perez; Manuel R. Perez, Petitioners, AFL-CIO; Natural Resources Defense Council, Inc.; Public Citizen, Petitioners-Intervenors, v. William K. REILLY, Administrator of the Environmental Protection Agency; United States Environmental Protection Agency, Respondents, National Agricultural Chemicals Association, et al., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Albert H. Meyerhoff, Natural Resources Defense Council, Stephen P. Berzon and Indira Talwani, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, Cal., for petitioners and petitioners-intervenors.

Scott A. Schachter, U.S. Dept. of Justice, Washington, D.C., and Jonathan J. Fleuchaus, U.S.E.P.A., Washington, D.C., for respondents.

Lawrence S. Ebner and Kenneth W. Weinstein, McKenna & Cuneo, Washington, D.C., for respondent-intervenor Nat. Agricultural Chemicals Ass'n.

Peter Barton Hutt and Bruce N. Kuhlik, Covington & Burling, Washington, D.C., for amicus curiae Grocery Mfrs. of America, Inc.

Daniel J. Popeo and Richard A. Samp, Washington Legal Foundation, Washington, D.C., for amicus curiae.

Representatives Charles Stenholm, Pat Roberts and Terry Bruce, Washington, D.C., for amicus curiae.

Thomas D. McGarity, University of Texas, Austin, Tex., for amicus curiae.

Before: CHAMBERS, SCHROEDER, and BEEZER, Circuit Judges.

SCHROEDER, Circuit Judge:

Petitioners seek review of a final order of the Environmental Protection Agency permitting the use of four pesticides as food additives although they have been found to induce cancer. Petitioners challenge the final order on the ground that it violates the provisions of the Delaney clause, 21 U.S.C. § 348(c)(3), which prohibits the use of any food additive that is found to induce cancer.

Prior to 1988, EPA regulations promulgated...

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