Mobay Chemical Corp. v. Costle
Decision Date | 12 June 1981 |
Docket Number | Civ. A. No. 81-373. |
Citation | 517 F. Supp. 252 |
Parties | MOBAY CHEMICAL CORPORATION, Plaintiff, v. Douglas M. COSTLE, Administrator, United States Environmental Protection Agency, Defendant. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Daniel M. Dibble, C. David Barrier, Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, Mo., Cloyd R. Mellott, John W. Ubinger, Jr., Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for plaintiff.
Bruce Antkowiak, Craig R. McKay, Asst. U. S. Attys., Pittsburgh, Pa., Patrick J. Cafferty, Jr., Stephen D. Ramsey, U. S. Dept. of Justice, Pollution Control Section, Washington, D. C., for defendant.
We consider defendant EPA's Motion to Vacate and Dissolve Injunction issued by Judge Elmo B. Hunter of the United States District Court for the Western District of Missouri.
Judge Hunter granted declaratory and injunctive relief to plaintiff, Mobay Chemical Corporation (Mobay), from the operation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.A. §§ 136-136y (1980) in certain respects. He issued his order on March 14, 1978. See Mobay Chemical Corp. v. Costle, 447 F.Supp. 811, 834-35 (W.D.Mo.1978). On September 30, 1978, FIFRA was amended. Many of the amendments altered provisions of FIFRA which had been the subject of Judge Hunter's order.
On June 29, 1979, defendant filed the instant motion pursuant to Fed.R.Civ.P. 60(b). It asserted that the amendments now authorized what the injunction prohibited. It contends that it is unnecessary and inequitable for the injunction to operate in the face of the 1978 amendments.
Earlier, on May 1, 1979, Mobay had filed a complaint in this district at Civil Action No. 79-591, challenging the 1978 amendments. By memorandum and order filed concurrently with this memorandum and order, we have adjudicated that case. See Mobay Chemical Corp. v. Costle, 517 F.Supp. 254 (W.D.Pa.1981).
By order filed February 26, 1981, Judge Hunter transferred the defendant's Motion to Vacate and Dissolve to this court.
Judge Hunter's 1978 order contains 14 paragraphs, 5 of which defendant seeks to have deleted or modified.
Section 3(c)(1)(D), as amended in 1978, permits EPA to use data submitted on or after January 1, 1970, by an applicant to support other applications without the permission of the data submitter, unless the data submitter is eligible for the exclusive use provision found in § 3(c)(1)(D)(i), 7 U.S.C.A. § 136a(c)(1)(D)(i). We have today found § 3(c)(1)(D) to be valid. Consequently, we delete Paragraph No. 9 from Judge Hunter's order.
At the time of the order, no data could be relied on pursuant to § 3(c)(1)(D) if they were protected from disclosure by § 10(b), the trade secrets provision. The 1978 amendments removed this qualification from § 3(c)(1)(D), however. Consequently, EPA need not make this determination anymore. We thus grant EPA's motion to delete this paragraph from the order.
To continue reading
Request your trial-
Ruckelshaus v. Monsanto Company
...federal courts. See, e.g., Petrolite Corp. v. United States Environmental Protection Agency, 519 F.Supp. 966 (DC 1981); Mobay Chemical Corp. v. Costle, 517 F.Supp. 252, and 517 F.Supp. 254 (WD Pa.1981), aff'd sub nom. Mobay Chemical Co. v. Gorsuch, 682 F.2d 419 (CA3), cert. denied, 459 U.S.......
-
Eli Lilly and Co. v. EPA
...Costle, 447 F.Supp. 811, 814 n. 2 (W.D.Mo.1978), appeal dismissed, 439 U.S. 320, 99 S.Ct. 644, 58 L.Ed.2d 549 (1979), modified, 517 F.Supp. 252 (W.D.Pa. 1981), aff'd sub nom. Mobay Chemical Corp. v. Gorsuch, 682 F.2d 419 (3d Cir.), cert. denied, 459 U.S. 988, 103 S.Ct. 343, 74 L.Ed.2d 384 (......
-
Monsanto Co. v. Acting Adm'r, United States EPA, 79-366C (1).
...must have. The Court is aware that its decision is contrary to that of a number of other federal courts. See e.g., Mobay Chemical Co. v. Costle, 517 F.Supp. 252 (W.D.Pa.1981), aff'd sub nom Mobay Chemical Co. v. Gorsuch, 682 F.2d 419 (3rd Cir.), cert. denied, ___ U.S. ___, 103 S.Ct. 343, 74......
-
Mobay Chemical Corp. v. Gorsuch
...regulations promulgated in 1979 by the EPA. After trial, the district court upheld the statute and regulations. Mobay Chemical Corp. v. Costle, 517 F.Supp. 254 (W.D.Pa.1981). In a separate action, the court modified an injunction against the EPA entered in Mobay Chemical Corp. v. Costle, 44......