United States Second Circuit

In an action claiming that the Department of Agriculture failed to comply with the National Environmental Policy Act and the Plant Protection Act when it adopted new regulations for the importation of unmanufactured wood packaging material into the United States, summary judgment for defendants is affirmed where defendants considered all reasonable alternatives to the proposed rule, and did not act arbitrarily or capriciously in adopting a rule providing for either heat treatment or fumigation with methyl bromide of the wood material prior to importation.

Appellate Information

• Argued 04/06/2010
• Decided 07/08/2010
• Published 07/08/2010

Judges

• John M. Walker, Jr.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Benjamin H. Longstreth, John D. Clopper