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Safer, Inc. v. Thomas

Citation: 17 ELR 20286
No. No. 86-2870, 25 ERC 1334/(D.D.C., 10/11/1985)

The court rules that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires a pesticide registration holder to exhaust administrative remedies before going to court to cancel a competitor's registration allegedly secured by use of plaintiff's research data. FIFRA § 3(c)(1)(D) grants 10 years' exclusive use of data submitted in support of a pesticide registration petition. Nonetheless, the court finds that 40 C.F.R. § 152.99 provides specific administrative procedures for a registration holder to seek cancellation of a rival's subsequent registration allegedly secured through the use of the earlier registrant's exclusive use data. Declining to follow an Indiana court decision, the court concludes that plaintiff should not be allowed to circumvent the administrative procedures established by Congress to address complaints before judicial relief is available.

Counsel for Plaintiff
Paul G. Wallach
1455 Pennsylvania Ave. NW, Suite 1000, Washington DC 20004
(202) 393-0800

Counsel for Defendant
Michael A. McCord
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000