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No Spray Coalition v. New York, City of

ELR Citation: ELR 20007
Nos. No. 02-9484, (2d Cir., 12/09/2003) vacated & remanded

The court vacates and remands a district court ruling that the Clean Water Act's (CWA's) citizen suit provision does not apply to pesticide uses that comply with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). New York City had used three insecticides regulated under FIFRA to address an outbreak of the West Nile virus....

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