NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

Docket No. 08-3771-ag.

658 F.3d 200 (2011)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 16, 2011.


Attorney(s) appearing for the Case

Aaron Colangelo , Natural Resources Defense Council, Washington, D.C., for Petitioner.

Kent E. Hanson , U.S. Department of Justice, Environment & Natural Resources Division ( Ignacia S. Moreno , Assistant Attorney General, Jonathan J. Fleuchaus , U.S. Environmental Protection Agency, Office of General Counsel), Washington, D.C., for Respondent.

Before: POOLER, WESLEY, and CHIN, Circuit Judges.


POOLER, Circuit Judge:

The pesticide dichlorovinyl dimethyl phosphate ("DDVP" or "dichlorvos") is used to kill many types of insects. Depending on the level of one's exposure to dichlorvos, the pesticide also may disrupt proper functioning of the human nervous system. To determine safe levels of exposure to dichlorvos for certain exposure scenarios, the Environmental Protection Agency ("EPA") relied heavily on a single study in which six people were paid to ingest...

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