NATURE OF ACTION THE PROPOSED ACTION IS A CIVIL SUIT FOR AN INJUNCTION TO RESTRAIN THE USE OF A REGISTERED PESTICIDE IN A MANNER THAT IS INCONSISTENT WITH THE LABEL DIRECTIONS AND WHICH IS IN VIOLATION OF THE FEDERAL INSECTICIDE, FUNGICIDE AND ROD- ENTICIDE ACT, 7 USC 136 ET SEQ. BASIS FOR DEFENDANTS' LIABILITY: FACTUAL BACKGROUND DEFENDANTS OPERATE A PROGRAM TO CONTROL MAMMALIAN PREDA- TORS, CHIEFLY COYOTES, FOR THE PURPOSE OF REDUCING THE LOSS OF SHEEP AND OTHER DOMESTIC ANIMALS FROM PREDATION. SINCE NOVEMBER, 1975, THIS PROGRAM HAS INCLUDED THE USE OF REGISTE RED PESTICIDE COMPOUND 1080, IPA REGISTRATION NUMBER 5217-1. THE ACTIVE INGREDIENT OF THIS PRODUCT IS SODIUM MONOFLUOROAC ETATE, A HIGHLY TOXIC CHEMICAL. ON AT LEAST TWO OCCASIONS IN NOVEMBER, 1975, EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE USE COMPOUND 1080 FOR PREDACI DE PURPOSES. THESE INCIDENTS ARE SET OUT IN PARA 6 & 7 OF CIVIL COMPLAINT. THE COMPLAINT WAS FILED SEPTEMBER 23, 1976. IN FEFRUARY, 1977, THIS OFFICE LEARNED THAT ANOTHER SUSPE CTED COMPOUND 1080 PREDACIDE BAIT CARCASS HAD BEEN FOUND. A LABORATORY ANALYSIS OF SMAPLES TAKEN FROM THE SUSPECTED BAIT CARCASS DISCLOSED THAT SODIUM MONOFLUOROACETATE, THE A CTIVE INGREDIENT OF COMPOUND 1080, WAS PRESENT.