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Louisiana v. Train

Citation: 5 ELR 20367
No. No. 75-0364, 392 F. Supp. 564/7 ERC 1844/(W.D. La., 04/21/1975)

The United States Court of Appeals has exclusive jurisdiction to hear plaintiff's challenge to the EPA Administrator's refusal to grant an emergency exemption for the use of DDT on the cotton budworm in Louisiana. The Administrator's decision to deny an exemption was made after an informal public hearing, and thus under § 136n(6) of the Federal Insecticide, Fungicide and Rodenticide Act may be reviewed only by a circuit court of appeals. Since the district court lacks jurisdiction, it cannot consider plaintiff's argument that EPA's promulgation of new rules during the pendency of plaintiff's application which require a more rigorous showing by applicants was arbitrary and capricious and a denial of due process. Such questions must be left for the court of appeals to decide.

Counsel for Plaintiff
William J. Guste, Jr. Attorney General
State Capitol Building
Baton Rouge, La. 70804

A. Mills McCawley Asst. Attorney General
106 Beck Building
Shreveport, La. 71101

Robert L. Ackerly
Charles A. O'Connor III
William J. Wellman
Sellers, Conner & Cuneo
1625 K Street, N.W.
Washington, D.C. 20006

Counsel for Defendant
Donald E. Walter U.S. Attorney
P.O. Box 33
Shreveport, La. 71161