ELR Citation: ELR 20343
No(s). 72-1441 (8th Cir. Apr 19, 1973)

An order by the Administrator of the Environmental Protection Agency cancelling Dow Chemical's registration of 2, 4, 5-T pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), because of possible causation of birth defects is not a final order reviewable by the court. The order has no effect until the administrative cancellation process is completed, and Dow has an administrative remedy in its right to evidentiary hearings prior to that time.

The Administrator is not required to reverse his cancellation decision at the recommendation of an Advisory Committee which hear the issue as requested by Dow under the provision of FIFRA. The Act requires the Administrator to make his own findings of fact regarding cancellation, which Dow may challenge, but Dow has the burden of justifying registration, and where the Administrator has doubt of the pesticide's safety, he may cancel the registration pending further proof by Dow.

Counsel for Plaintiff
Milton R. Wessel
Miriam C. Feigleson
Kaye, Scholer, Fierman, Hays & Handler
425 Park Avenue
New York, NY 10022

Herschel H. Friday
G. Ross Smith
Smith, Williams, Friday & Bowen
Broyle Building
Little Rock, AR 72201

Counsel for Defendant
Mackel Farrar
Environmental Protection Agency
Washington, DC 20460

W. H. Dillahuntey U.S. Attorney
521 U.S. Courthouse
Little Rock, AR 63101

Allan S. Rosenthal
Department of Justice
Washington, DC 20530