Environmental Defense Fund v. Ruckelshaus

ELR Citation: ELR 20059
No(s). 23,813 (D.C. Cir. Jan 7, 1971)

Case remanded and Administrator of Environmental Protection Agency (to whom Secretary of Agriculture's pesticide regulation functions now transferred, 1 ELR 48001) instructed to issue cancellation notices which will trigger formal administrative inquiry into the safety of the remaining registered uses of DDT under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§135 et seq. This result necessary because the Secretary of Agriculture had earlier found "substantial questions" concerning DDT's safety. Administrator also instructed to develop a more adequate explanation for the Secretary's decision not to suspend DDT's registrations pending the completion of the administrative cancellation proceeding. Nor-Am v. Hardin, 1 ELR 20032, distinguished. Prior decision by the same panel in this case reported at 1 ELR 20050.

Counsel for Petitioners:
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 Respondent:
Raymond W. Fullerton Atrorney
Charles W. Buey Assistant General Counsel
Department of Agriculture
Washington, DC
(202) 737-4142

Alan Rosenthal Atrorney
Department of Justice
Washington, DC 20530
(202) 737-8200

Before BAZELON, Chief Judge, ROBINSON and ROBB, Circuit Judges.

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