OREGON ENV. COUNCIL v. KUNZMAN

Civ. No. 82-504-RE.

614 F.Supp. 657 (1985)

OREGON ENVIRONMENTAL COUNCIL; Citizens For the Safe Control of the Gypsy Moth; Elaine Olsen and Glen Olsen, Plaintiffs, and Friends of the Earth; National Coalition Against the Misuse of Pesticides, Plaintiffs/Intervenors, v. Leonard KUNZMAN, Director, State of Oregon, Department of Agriculture, State of Oregon, Department of Agriculture; United States Department of Agriculture; John R. Block, Secretary, United States Department of Agriculture; et al., Defendants. and Oregonians For Food and Shelter, Inc., Defendants/Intervenors.

United States District Court, D. Oregon.

April 26, 1985.


Attorney(s) appearing for the Case

Larry N. Sokol, Jolles, Sokol & Bernstein, P.C., Portland, Or., John E. Bonine, Michael D. Axline, Ralph Bradley, Bradley & Gordon, Eugene, Or., for plaintiffs and plaintiffs/intervenors.

Charles H. Turner, U.S. Atty., Thomas C. Lee, Asst. U.S. Atty., Portland, Or., Dorothy R. Burakreis, R.W. Rodrigues, Elizabeth Ann Peterson, Land and Natural Resources Div., General Litigation Section, U.S. Dept. of Justice, Washington, D.C., John DiLorenzo, Jr., Brendan Stocklin-Enright, DiLorenzo & Dietz, Portland, Or., for defendants and defendants/intervenors.


OPINION

REDDEN, District Judge:

BACKGROUND

Plaintiffs commenced this suit in Spring of 1982 seeking to enjoin the spraying of carbaryl over 6,400 acres in Salem, Oregon. The spraying was the crux of a program designed to eradicate gypsy moths discovered in that urban area. Plaintiffs alleged that the spray program violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4332 (1976), the Administrative Procedure Act (APA), 5 U.S.C...

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