ELR Citation: ELR 20065
No(s). 24434 (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 reconsider Secretary of Agriculture's earlier decision not to suspend registration of the herbicide 2,4,5-T with respect to its use in any form on food crops under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§135 et seq. The Administrator must include in his evaluation and decision a reasoned analysis of factors such as risk of injury to farm workers. The Secretary's contemporaneous determination not to order suspension of registration of 2,4,5-T for use in non-liquid form around homes was likewise challenged by petitioners—individuals and organizations concerned with the imminent ecological and health hazard posed by any use of 2,4,5-T—but was found by the court to have been properly grounded in a consideration of the relevant factors pursuant to FIFRA.

Counsel for Petitioners:
William A.Dobrovir
Joan M. Katz
1025 Connecticut Avenue
Washington, DC 20036

James Moorman
2008 Hillyer Place, NW
Washington, DC 20009
(202) 387-4222

Counsel for Respondent:
Raymond W. Fullerton Attorney
Department of Agriculture
Washington, DC 20250
(202) 737-8200

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

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