Environmental Defense Fund v. Finch

ELR Citation: ELR 20045
No(s). 23,812 (D.C. Cir. May 28, 1970)

Petitioners' proposal to HEW to recognize the public health hazard of DDT by establishing zero tolerance for it and its residues on raw agricultural commodities pursuant to Food, Drug, and Cosmetic Act, 21 U.S.C. §§301 et seq. (1964) held to contain sufficient data to trigger the statutory mandated administrative review of existing tolerance and study of alternate plans to eliminate this persistent pesticide from the environment, regardless of action or inaction of the Department of Agriculture regarding the shipment of DDT in interstate commerce.

Counsel for Environmental Defense Fund:
Edward Berlin
Berlin, Roisman, and Kessler
1910 N Street, NW
Washington, DC 20036
(202) 293-5764

James W. Moorman
2008 Hillyer Place, NW
Washington, DC 20009
(202) 387-4222

James D. Lorenz, Jr.
1212 Market Street
San Francisco, CA 94102

Counsel for Robert Finch:
Howard S. Epstein
Department of Justice
Washington, DC
(202) 737-8200, ext. 2620

William W. Goodrich Assistant General Counsel
Department of Health, Education, and Welfare
Washington, DC 20530
(202) 443-4370

John L. Murphy Chief, Administrative Regulations Section
HEW
Washington, DC 20530

Before FAHY, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.

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