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National Coalition Against the Misuse of Pesticides v. EPA

ELR Citation: 18 ELR 20577
Nos. No. 87-2089-LFO, 679 F. Supp. 55/27 ERC 1441/(D.D.C., 02/23/1988)

The court holds that the Environmental Protection Agency's (EPA's) decision to permit the continued sale and use of existing stocks of chlordane and heptachlor, pursuant to an agreement in which the manufacturer voluntarily cancelled registrations, was arbitrary and capricious, and contrary to law. EPA violated §6(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by failing to determine that continued sale and use of the existing stocks were not inconsistent with the purpose of FIFRA and would not have unreasonable adverse effects on the environment. Although EPA determined that the settlement agreement would result in less risk than would result from a proceeding to cancel the pesticides' registration without a suspension of their registration in the meantime, such a determination does not satisfy §6(a)(1).

Counsel for Plaintiffs
Paula Dinerstein
Lobel, Novins, Lamont & Flug
Suite 770, 1275 K St. NW, Washington DC 20005
(202) 371-6626

Counsel for Defendants
J. Steven Rogers
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000