Environmental Defense Fund v. Hardi

428 F.2d 1093 (D.C. Cir. 1970)

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Nature of the Case

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Facts

Defense Fund (Ps) filed a petition with D requesting issuance of orders that would ban use of all poisons containing DDT. The Secretary issued notices of cancellation with respect to four uses of DDT, solicited comments concerning the remaining uses and took no action on the request for an interim suspension. Ps filed an appeal seeking to compel the Secretary to comply with all their requests. The Secretary moved to dismiss for lack of jurisdiction; Ps lacked standing to complain of his failure to act, that there was no final order ripe for review, and that any final order would be unreviewable as it involves a decision involving agency discretion, that any available relief can be afforded only by the district court and not the court of appeals.