ELR Citation: ELR 20849
No(s). 81-1847 (E.D. Pa. May 18, 1981)

The court rules that under §5 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Environmental Protection Agency (EPA) may use test data submitted by a previous applicant to evaluate a new application for an experimental use permit (EUP) for a weed killer. Because the new product has the same active ingredient as a soybean herbicide registered by another manufacturer, EPA found that its experimental use would not have unreasonable environmental effects. Section 3 of FIFRA prohibits EPA from considering another submitter's data in issuing a pesticide registration, in order to protect the fruits of the other submitter's research and innovation. The court holds, however, that the prohibition against EPA's considering another submitter's data does not apply to the issuance of experimental use permits. Congress knowingly omitted this prohibition from the EUP provisions of the Act. Moreover, in the EUP context, EPA's authority to consider another submitter's data is consistent with the Act's focus on environmental safety and promotes administrative convenience.

Counsel for Plaintiff
James J. Binnis, P.A.
2800 Two Girard Pl., Philadelphia PA 19102
(215) 665-8900

Patrick M. Raher, David J. Hayes, David A. Kikel
Hogan & Hartson
815 Connecticut Ave. NW, Washington DC 20006
(202) 331-4500

Counsel for Defendants
James Sheehan, Ass't U.S. Attorney
3310 U.S. Cthse., 601 Market St., Philadelphia PA 19106
(215) 597-2556

Patrick J. Cafferty Jr., Rosanne Mayer
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5289

Counsel for Defendant-Intervenor Mobil Oil Corp.
David Richman
Pepper, Hamilton & Scheetz
20th Floor, The Fidelity Bldg., 123 S. Broad St., Philadelphia PA 19109
(215) 893-3000