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United States DC Circuit


National Corn Growers Ass'n v. EPA, 09-1284

In a petition for review by the National Corn Growers Association, the National Sunflower Association, the National Potato Council, and FMC Corporation of the order of the Environmental Protection Agency (EPA) denying their objections to the EPA's Final Regulation revoking all "tolerances" for the pesticide carbofuran, the petition is granted in part where the EPA's decision to revoke import tolerances for carbofuran was arbitrary and capricious. However, the petition is denied in part where the EPA did not abuse its discretion by denying the petitioners' requests for a hearing on other issues, because they were not by themselves outcome-determinative.

Appellate Information

  • Argued 03/22/2010
  • Decided 07/26/2010
  • Published 07/26/2010

Judges

  • Douglas C. Ginsburg

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Kenneth W. Weinstein, Alan D. Greenberg

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