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State had a pre-existing regulation against pesticides. Federal government attempted to create an act that would regulate pesticide use, labeling, and authorized specific roles for state and local authorities to enforce the act. The act would require permits for using pesticides to public lands, private lands subject to public use, or aerial application to public land.M applied for a permit to spray aerially on a portion of his land. He was granted the permit but precluded any aerial spraying and restricted the lands he could spray on.

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