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Environmental Defense Fund v. EPA

ELR Citation: 7 ELR 20114
Nos. No. 75-2259, 548 F.2d 998/9 ERC 1575/(D.C. Cir., 01/06/1977) Reh'g denied

In a supplemental opinion issued in response to a petition for rehearing, the court reiterates its earlier holding, 7 ELR 20012, that §7(c) of the Administrative Procedure Act does not preclude assignment of the burden of persuasion to the opponent of an Environmental Protection Agency order suspending the registrations of the pesticides heptachlor and chlordane under §6(c)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court also rules this case is in any event excepted from §7(c) because the location of the burden of proof is "otherwise provided by statute." Numerous FIFRA cases and the legislative history show that a 1964 amendment to the statute was specifically intended to shift the burden of proof to the registrant in suspension proceedings.

Counsel are listed at 7 ELR 20012.

Before: LEVENTHAL, ROBINSON, and WILKEY, Circuit Judges.