Turner v. United States Environmental Protection Agency

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Before the court are several dispositive motions filed by the parties to this action. The gravamen of this dispute is whether plaintiff, Dana L. Turner, will be permitted to continue marketing his .product, known as “DLT Mound Leveler,” in the State of Mississippi without registering it with the United States Environmental Protection Agency (hereinafter “EPA”) as a pesticide. The EPA and the Plant Board of the Mississippi Department of Agriculture (hereinafter “State”) believe that the DLT Mound Level-' er is a pesticide, subject to the…