UNITED STATES SUPREME COURT DECISIONS ON-LINE

An application to stay, pending appeal, an injunction of the District Court -- which held unconstitutional, and enjoined enforcement of, provisions of the Federal Insecticide, Fungicide, and Rodenticide Act that authorize manufacturers seeking registration of pesticides with the Environmental Protection Agency (EPA) to use test data submitted by an earlier registration applicant, and that permit disclosure to the public of health and safety data -- is denied. Applicant, the Administrator of the EPA, failed to show that irreparable harm to the EPA will result if the District Court's injunction remains in effect pending appeal. However, the granting of a stay might well cause irreparable harm to respondent, a manufacturer of registered pesticides who had submitted test data consisting of trade secrets entitled under state law to protection from disclosure and use by others. In addition, the Administrator has not been particularly expeditious in seeking a stay or in pressing his appeal.