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HARDIN v. JACKSON

No. 09-5365.

625 F.3d 739 (2010)

Randy HARDIN and Vernon Blasingame, Appellants v. Lisa Perez JACKSON, Administrator, United States Environmental Protection Agency, and BASF Corporation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 2010.

Attorney(s) appearing for the Case

Gabrielle H. Kickham argued the cause for the appellants. James B. Dougherty , James D. MacIntyre and William J. French were on brief.

Robert H. Oakley , Attorney, U.S. Department of Justice, argued the cause for the federal appellee. Robert G. Dreher , Principal Deputy Assistant Attorney General, and Lisa E. Jones and Angeline Purdy , Attorneys, were on brief. Robert P. Stockman , Attorney, entered an appearance.

James B. Slaughter argued the cause for appellee BASF Corporation. Kathryn E. Szmuszkovicz and Sarah S. Doverspike were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The appellants, two Arkansas tomato farmers, brought this action seeking declaratory and injunctive relief to require appellee Lisa Perez Jackson, Administrator of the Environmental Protection Agency, (EPA) to cancel the registration of "Facet" pesticides that appellee BASF Corporation (BASF) has manufactured and distributed to rice farmers for weed control. The appellants claim that Facet has been drifting over and damaging...

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