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Merrell v. Thomas
United States Court of Appeals for the Ninth Circuit
807 F.2d 776 (1986)
Paul Merrell (plaintiff) sued the Environmental Protection Agency (EPA) (defendant) to enjoin the EPA from continuing to register seven herbicides that were sprayed along the road leading to Merrell’s wife’s farm under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Merrell argued that the registrations were invalid because the EPA did not make the information the registrations were based on available to the public. Merrell argued that the EPA violated the National Environmental Policy Act (NEPA) because the EPA failed to prepare a site-specific environmental-impact statement (EIS) for each right-of-way use registration or explain why an EIS was not necessary. The district court found that FIFRA did not require compliance with NEPA. Merrell appealed.
Rule of Law
Holding and Reasoning (Sneed, J.)
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