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Society for Animal Rights, Inc. v. Schlesinger

Citation: 5 ELR 20221
No. No. 75-1105, 512 F.2d 915/7 ERC 1685/(D.C. Cir., 02/27/1975)

An injunction pending appeal prohibiting the Defense Department from spraying 10 million blackbirds in Kentucky and Tennessee with Tergitol, an experimental chemical designed to cause the birds' death from exposure, is dissolved. The decision of the district court below, denying a preliminary injunction against the spraying, was not so clearly an abuse of discretion as to warrant reversal by the appellate court.The court suggests, however, that the possibility of environmental harm from the experimental chemical, and the infeasibility of removing the carcasses of the killed birds, makes a review of the matter by impartial scientists desirable.

Counsel for Plaintiff
Bruce J. Terris
1908 Sunderland Place
Washington, D.C. 20036

Counsel for Defendant
Larry G. Gutteridge
Department of Justice
Washington, D.C. 20530