Dow Chemical Co. v. Allen

672 F.2d 1262 (1982)

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Dow Chemical Co. v. Allen

United States Court of Appeals for the Seventh Circuit
672 F.2d 1262 (1982)

Facts

The Environmental Protection Agency (EPA) suspended two uses of certain herbicides manufactured by Dow Chemical Co. (Dow) (plaintiff) and scheduled cancellation hearings to determine whether such uses should be permanently banned. Dow wanted to compel the University of Wisconsin (UW) to turn over information gathered from an animal-toxicity study being conducted by UW researchers, including notes, reports, and raw data. Dow hoped to use this evidence at the cancellation hearing. At Dow’s request, and over the EPA’s objection, an administrative-law judge (ALJ) issued subpoenas to James Allen (defendant) and other researchers who worked on the study, but a district court refused to enforce them. The ALJ’s subpoena would have forced UW to submit every electronic recording and physical piece of paper related to the study, and it would have obligated UW to provide continual updates to Dow. It was doubtful that information from the UW studies would have immediate probative value. Nobody was being called to testify about the studies, and Dow’s claims were not being refuted or challenged by the government with the UW studies. Dow appealed the district court’s ruling.

Rule of Law

Issue

Holding and Reasoning (Fairchild, J.)

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