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Selco Supply Co. v. EPA

ELR Citation: 11 ELR 20015
Nos. No. 79-1443, 632 F.2d 863/15 ERC 1465/(10th Cir., 10/20/1980)

The Tenth Circuit Court of Appeals dismisses for lack of jurisdiction petitions for review of Environmental Protection Agency (EPA) orders suspending use of pesticides containing heptachlor and chlordane. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) one may obtain judicial review of an EPA order by filing a petition in the United States Court of Appeals within 60 days after entry of such order. The court rules, therefore, that the Act precludes judicial review of a petition filed 250 days after entry of the order. In addition, since FIFRA contains no provision for tolling of the 60-day statute of limitations by a motion for reconsideration, the court rules that allowing such a motion is invalid. However, even if tolling of the 60-day limitation were permitted, the court woud lack jurisdiction due to petitioner's premature notice of appeal. In a concurring opinion, one judge states that although he agrees with the majority's ruling that the action is barred by petitioner's failure to comply with the jurisdictional requirements, he disagrees with the conclusion that a petition for reconsideration does not toll the deadline for filing an appeal.

Counsel for Petitioner
John P. Donley
P.O. Box 1286, Greeley CO 80632
(363) 356-4400

Counsel for Respondent
Loretta Pickerel, Gregory T. Halbert
Region VIII, Environmental Protection Agency, 1860 Lincoln St., Denver CO 80203
(303) 837-2361

John C. Ulfelder, Ruthanne Miller
Environmental Protection Agency, Washington DC 20460
(202) 755-2511

F. Patrick Barry, Donald W. Stever Jr., Nancy Long; James W. Moorman, Ass't Attorney General; Angus Macbeth, Deputy Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5383

Joined by Seth and Seymour, JJ., concurring.