Sam P. McGill v. Environmental Protection Agency

ALVIN B. RUBIN, Circuit Judge:

In this case we are called upon to decide how to fill a lacuna in the administrative review procedure under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 U.S.C. § 136 et seq.: should consumers of a pesticide who oppose cancellation of all pesticide-use registrations have the right to prevent the indefinite suspension of a hearing under 7 U.S.C. § 136d(a) and (b) 1 when both the registrant of the pesticide uses and the Environmental Protection Agency have agreed to both the cancellations and the suspension?

The petitioners and the intervenors…