Legal Opinion
Mobay Chemical Corp. v. Gorsuch
Court of Appeals for the Third Circuit
Decided June 22, 1982No. Nos. 81-2190, 81-2191 and 81-2469PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this appeal, two pesticide manufacturers contend that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) permits an uncompensated taking of their proprietary data. In addition, one manufacturer asserts that certain regulations promulgated by the Environmental Protection Agency are inconsistent with the statute and were adopted without proper observance of the Administrative Procedure Act. We reject the constitutional challenges but, finding lack of compliance with the APA, grant the EPA six months to adopt regulations in the appropriate…
2Cases cited10 opinions
- Texaco, Inc. v. Federal Power CommissionCourt of Appeals for the Third Circuit · 1969
- Sharon Steel Corporation v. Environmental Protection Agency, Bethlehem Steel Corporation v. Environmental Protection AgencyCourt of Appeals for the Third Circuit · 1979
- Corn Products Refining Co. v. EddySupreme Court of the United States · 1919
- Philadelphia Citizens in Action v. SchweikerCourt of Appeals for the Third Circuit · 1982
- Westinghouse Electric Corporation v. United States Nuclear Regulatory CommissionCourt of Appeals for the Third Circuit · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Public Citizen Health Research Group v. Food and Drug AdministrationCourt of Appeals for the D.C. Circuit · 1983
- Natural Resources Defense Council, Inc. v. U. S. Environmental Protection AgencyCourt of Appeals for the Third Circuit · 1982
- Union Carbide Agricultural Products Co. v. RuckleshausDistrict Court, S.D. New York · 1983
- Natural Resources Defense Council, Inc. v. U. S. Environmental Protection AgencyCourt of Appeals for the Third Circuit · 1982
- Bethlehem Steel Corp. v. United States Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 1986
3 more not listed; retrieve them via the Exa API.