· 7/16/2010
Reckitt Benckiser Inc. v. Environmental Protection Agency
Citations
- 613 F.3d 1131
- 392 U.S. App. D.C. 164
- 40 Envtl. L. Rep. (Envtl. Law Inst.) 20187
- 71 ERC (BNA) 2092
- 2010 U.S. App. LEXIS 14646
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that EPA’s interpretation of statute, as contained in a pre-enforcement letter, was sufficiently final where the letter “unequivocally informed” the party that its products “would be considered misbranded” under the statute (emphasis in original)
- “evaluating EPA’s interpretation of its authority under FIFRA to implement the RMD through enforcement proceedings for misbranding is a prerequisite to evaluating [plaintiffs] contentions that EPA improperly delayed or refused to initiate Section 6 cancellation proceedings”
- “evaluating EPA’s interpretation of its authority under FIFRA to implement the RMD through enforcement proceedings for misbranding is a prerequisite to evaluating [plaintiff’s] contentions that EPA improperly delayed or refused to initiate Section 6 cancellation proceedings”
- finding hardship where “sworn declarations by company officials” showed that “the company has been forced to spend hundreds of thousands of dollars on research and development of []compliant products” and expected to incur “an additional one million dollars to conclude development”
- finding hardship where “sworn declarations by company officials” showed that “the company has been forced to spend hundreds of thousands of dollars on research and development of [ ]compliant products” and expected to incur “an additional- one million dollars to conclude development”
- “A pesticide product remains registered until EPA or the registrant can cels it pursuant to Section 6.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rogers, Tatel, Griffith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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