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Union Carbide Agric. Prods. Co. v. Ruckelshaus

ELR Citation: 13 ELR 20969
Nos. No. 55042, 571 F. Supp. 117/19 ERC 1650/(S.D.N.Y., 07/28/1983) Judgment for plaintiff

The court rules that the provision in the 1978 amendments to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that allows disclosure of previously protected trade information is constitutional, but the provision that provides for binding arbitration to set the compensation for that information is not. Section 10(d) of FIFRA as amended allows disclosure of certain registration data that were submitted before 1978 with an expectation of confidentiality. The court rules that the retroactive disclosure provisions satisfy due process since they bear a rational, non-arbitrary relation to the purposes of the legislation. Turning to the price arbitration provision, §3(a)(1)(D), the court first holds that plaintiffs have standing to challenge the provision since they now face compulsory arbitration, which is an injury that the court can remedy. The court also rules that the issue is ripe since it is the requirement to arbitrate, not the result, that plaintiffs challenge. Finally, the court strikes the arbitration provision as unconstitutional because it grants judicial powers to the arbitrators while purporting to exempt their decisions from judicial review.

Counsel for Plaintiffs
John D. Conner, Kenneth W. Weinstein
McKenna, Conner & Cuneo
1525 I St. NW, Washington DC 20005
(202) 789-7500

Sidney P. Howell, Alan C. Zetterberg
Arthur, Dry & Kalish
Rockefeller Ctr., 1230 Ave. of the Americas, New York NY 10020
(212) 841-9300

Counsel for Defendant
Rudolph W. Giuliani, U.S. Attorney; Michael H. Dolinger
One St. Andrews Plaza, New York NY 10007
(212) 791-0055

Marcia Mulkey
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-4134