POLLINATOR STEWARDSHIP COUNCIL v. U.S. E.P.A.

No. 13-72346.

800 F.3d 1176 (2015)

POLLINATOR STEWARDSHIP COUNCIL; American Honey Producers Association; National Honey Bee Advisory Board; American Beekeeping Federation; Thomas R. Smith; Bret L. Adee; Jeffery S. Anderson, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Bob Perciasepe, in his official capacity as acting administrator of the USEPA, Respondents, Dow Agrosciences LLC, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2015.


Attorney(s) appearing for the Case

Janette K. Brimmer , Earthjustice, Seattle, Washington; Gregory C. Loarie (argued), Earthjustice, San Francisco, CA, for Petitioners.

Robert G. Dreher , Acting Assistant Attorney General, Environment & Natural Resources Division, Christina L. Richmond and John Thomas H. Do (argued), Environmental Defense Section, United States Department of Justice, Washington, D.C.; Erin Koch , Of Counsel, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C., for Respondents.

Christopher Landau , Kirkland & Ellis, LLP, Washington, D.C.; David B. Weinberg (argued), William S. Consovoy , Joseph S. Kakesh , and Craig G. Fansler , Wiley Rein, LLP, Washington, D.C., for Respondent-Intervenor.

George A. Kimbrell and Sylvia Shih-Yau Wu , Center for Food Safety, San Francisco, CA, for Amici Curiae Center for Food Safety, Northeast Organic Farming Association Interstate Council, Northeast Organic Farming Association, Massachusetts Chapter, Inc., Northeast Organic Farming Association of Rhode Island, Inc., Northeast Organic Farming Association of New York, Inc., Maine Organic Farmers and Gardeners Association; Defenders of Wildlife, Friends of the Earth, Center for Environmental Health, Conservation Law Foundation, Midwest Organic and Sustainable Education Service, Beyond Pesticides, Pesticide Action Network of North America, The Sierra Club, National Family Farm Coalition, and American Bird Conservancy.

Before: MARY M. SCHROEDER and N. RANDY SMITH, Circuit Judges and JOHN A. KRONSTADT, District Judge.


OPINION

The Federal Insecticide, Fungicide, and Rodenticide Act, known as FIFRA, prohibits the use or sale of pesticides that lack approval and registration by the Environmental Protection Agency ("EPA"). 7 U.S.C. § 136a(a). The EPA may deny an application for registration when "necessary to prevent unreasonable...

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