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National Cattlemen's Ass'n v. EPA

ELR Citation: 15 ELR 21068
Nos. No. 83-2380, 773 F.2d 268/(10th Cir., 09/19/1985)

The court holds that EPA's approval under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of the coyote predacide Compound 1080 for restricted uses in livestock toxic collars and single lethal does taits (SLDs) is supported by substantial new evidence that these uses are safe and effective and that EPA may not automatically reject all state plans for certification of SLD bait users. The case consolidates suits filed by plaintiff Defenders of Wildlife, which argues that the ban on Compound 1080 should continue to prevent further poisoning of nontarget wildlife, and plaintiff National Cattlemen's Association, which seeks to eliminate restrictions on its use.

The court first holds there is substantial new evidence to support EPA's decision to lift the ban on Compound 1080 use in SLD baits and toxic collars. The court also holds that substantial new evidence in the record as a whole supports EPA's conclusion that the 1972 ban on the use of Compound 1080 in large bait stations should not be reversed or modified. The court then holds that EPA may impose restrictions on the use of Compound 1080, finding that concerns raised over the possible hazards posed by improper use of Compound 1080 justify such restrictions. There is no inconsistency in EPA's decision to allow ranchers to personally supervise use of toxic collars but not of SLDs, since toxic collars require no preparation by the farmer or rancher and are less likely to be purchased for unauthorized use. Finally, the court holds that EPA exceeded its authority under FIFRA §4(b) when it required that a federal agency certify all SLD bait users. The Administrator may reject individual state plans if the plans do not provide sufficient assurances of compliance with EPA's requirements.

Counsel for Petitioners
Sam Kazman
Pacific Legal Counsel
1990 M St. NW, Suite 550, Washington DC 20036
(202) 466-2686

David J. Hayes
Hogan & Hartson
815 Connecticut Ave. NW, Washington DC 20006
(202) 331-4500

Counsel for Respondent
William L. Jordan
Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 382-4134

Lee R. Tyner
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2992

Before BARRETT and McKAY, Circuit Judges, and ELLISON, District Judge.*