ELR Citation: ELR 20207
No(s). 2319-70 (D.D.C. Apr 14, 1971)

Motion for preliminary injunction denied in suit to bar the Secretary of Agriculture from undertaking a program to control the imported fire ant by aerial application of the pesticide, Mirex. U.S.D.A. studies of the potential environmental impact of the fire ant control program, and the environmental impact statements filed concerning fire ant control, 1 ELR Dig. 81 Nos. 23 (Draft) and 48 (Final), satisfy the research and disclosure requirements of the National Environmental Policy Act (NEPA). Administrative review of the registration of Mirex conducted by the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act does not deprive the court of jurisdiction to review administrative compliance with NEPA.

Counsel for Plaintiffs:
Edward Lee Rogers
P.O. Drawer 740
Stony Brook, NY 11790
(516) 751-5191

Counsel for Defendants:
Thomas H. Kemp
General Counsel's Office
Department of Agriculture
Washington, DC
(202) 737-8200, ext. 2726