Hypothetical for Review of Legal Determinations
Part II

III.    Hypothetical III
 
Pesticide Safety Act
Section 1.

No person may distribute, sell or use any pesticide unless the pesticide has been
registered with the Environmental Protection Agency.

Section 2.

The prohibition in Section 1 does not apply to organic pesticides.

Section 3.

The Administrator may issue administrative orders to enjoin violations of this Act.
 

Facts:

A.    EPA notifies PestCo. that the sale of "No More Beetles" may be a violation of
        Section 1 of the Act.

        EPA holds a hearing and determines that "No More Beetles" is a pesticide and
        that it is not an organic pesticide, and EPA issues PestCo an order requiring it to
        cease selling "No More Beetles."

        PestCo. appeals the agency's decision to court.
 

Questions to think about:
 
What is the legal determination that PestCo. will challenge?
What standard of review will the court apply? Why?