ELR Citation: ELR 20209
No(s). 207-70 (D. Utah Sep 16, 1970)

Chemical herbicide manufacturer granted preliminary injunction restraining Secretary of Agriculture from cancelling the registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of crabgrass control products for use around the home, unless such action is based upon sufficient supporting evidence. The Secretary is also barred from permitting proceedings concerning these products before a science advisory committee under "Rules Governing the Appointment, Compensation, and Proceedings of an Advisory Committee; and Rules of Practice Governing Hearings Under the Federal Insecticide, Fungicide, and Rodenticide Act," because as promulgated these rules are not authorized by FIFRA and also constitute abuse of the discretionary authority delegated by that statute.

Counsel for Pax Company of Utah:
Donald B. Holbrook
I. Daniel Stewart
Jones, Waldo, Holbrook and McDonough
800 Walker Building
Salt Lake City, UT 84111
(801) 521-3200

Counsel for United States:
Glenn J. Mecham Assistant U.S. Attorney
200 U.S. Post Office and Courthouse Building
Salt Lake City, UT 84101
(801) 524-5685