United States DC Circuit

An EPA directive, banning agency consideration of "third party" human studies in evaluating the safety of pesticides, constituted a binding regulation issued without notice and opportunity for comment, and was therefore promulgated unlawfully.

Appellate Information

• Argued 03/17/2003
• Decided 06/03/2003
• Published 06/03/2003

Judges

• Before:  GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kenneth W. Weinstein argued the cause for petitioners.   With him on the brief was Alexandra A. E. Shapiro., Seth A. Goldberg argued the cause for intervenor American Chemistry Council.   With him on the briefs was Cynthia L. Taub., Aaron Colangelo argued the cause for intervenor Natural Resources Defense Council.   With him on the brief was Erik D. Olson., Joseph W. Hatchett, Lee Davis Thames and Jerry C. Hill were on the brief for amicus curiae Florida Citrus Mutual, et al., in support of petitioners., Benjamin S. Sharp was on the brief for amicus curiae Washington State Potato Commission in support of petitioners.


• For Appellees:
  
• Daniel M. Flores, Attorney, U.S. Environmental Protection Agency, argued the cause for respondent.  Christopher S. Vaden and Kent E. Hanson, Attorneys, entered appearances.