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Save America's Vital Env't, Inc. v. Butz

Citation: 2 ELR 20563
No. No. Civ. 17108, 347 F. Supp. 521/(N.D. Ga., 09/08/1972)

The Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 135 et seq., grants no authority to the EPA Administrator to issue an "order" regulating the use to which Mirex or any other pesticide which is properly registered may be put by public officials or private individuals, including the Secretary of Agriculture and the Commissioner of the Georgia Department of Agriculture. The landowners over whose land the State of Georgia plans to spray Mirex have standing to sue under the Refuse Act, 33 U.S.C. section 407, 466 et seq., for the incursion of Mirex into bodies of water on their lands, but no relief may be granted absent a showing that the waters are navigable. Since the federal courts lack mandamus jurisdiction over state officials under 28 U.S.C. § 1361, issues raised by the Georgia Water Quality Control Act, Ga. Code Ann. sections 17-500, et seq., may be considered only in state courts, unless other federal grounds are raised.

Counsel for Plaintiffs
Michael Padnos
1105 William Oliver Building
Atlanta, Georgia

Counsel for Defendant U.S. Dept. of Agriculture
Richard Studenny
Office of the General Counsel
Department of Agriculture
Washington, D.C.

Counsel for Defendant State of Georgia
Lawrence B. Rufkaup Assistant Attorney General
Attorney General's Office
Atlanta, Georgia