ELR Citation: ELR 20050
No(s). 23,813 (D.C. Cir. May 28, 1970)

Secretary of Agriculture's inaction on conservation organizations request for the initiation of proceedings pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§135 et seq., which could result in the proscription of DDT shipment in interstate commerce, did constitute agency action that was sufficiently ripe for court determination that the Secretary has the duty to grant or deny petitioners' request, and petitioners have standing to seek review of that decision on the merits.

Counsel for Environmental Defense Fund:
James W. Moorman
% Charles Halpern
2008 Hillyer Place, NW
Washington, DC 20009
(202) 387-4222

Edward Berlin
Berlin, Roisman and Kessler
1910 N Street, NW
Washington, DC
(202) 293-5764

Counsel for Clifford Hardin:
Alan Rosenthal Department of Justice
Washington, DC 20530
(202) 737-8200

Charles W. Bucy Assistant General Counsel
Department of Agriculture
Washington, DC
(202) 737-4142

Before: BAZELON, Chief Judge, and ROBINSON, Circuit Judge, in chambers.