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Chevron Chem. Co. v. Costle

ELR Citation: 11 ELR 20154
Nos. No. 79-532, 499 F. Supp. 745/(D. Del., 08/05/1980) Denying injunction pending appeal

The court denies plaintiff's motion for an injunction pending appeal of its earlier decision, 11 ELR 20147. The court notes that plaintiff, as in its earlier motion, has failed to demonstrate a probability of success on the merits. Plaintiff's alleged irreparable harm is merely loss of an exclusive market position, and it has not substantiated a severe economic impact if EPA uses its data to register pesticides of its competitors. Although EPA will not suffer if the injunction is granted, plaintiff's competitors will. The impact on the public interest will in either case be negligible.The court concludes that the balance of hardships does not justify injunctive relief pending appeal.

Counsel are listed at 11 ELR 20148.