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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. U.S. DEPARTMENT OF AGRICULTURE

No. 09-2021-cv.

Natural Resources Defense Council, Inc., Plaintiff-Appellant, People of the State of California, Ex Rel, Attorney General Bill Lockyer, State of Connecticut, State of Illinois, Consolidated-Plaintiffs-Appellants, State of New York, Consolidated-Plaintiff, v. United States Department of Agriculture, Secretary Thomas J. Vilsack, of Agriculture, Administrator Cindy Smith, of the Animal and Plant Health Inspection Service of the United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2010.

Attorney(s) appearing for the Case

BENJAMIN H. LONGSTRETH (David Doninger, Sarah Lipton-Lubet, on the brief), Natural Resources Defense Council, Washington, DC, for Plaintiff-Appellant.

Ken Alex, Supervising Deputy Attorney General for the State of California, Oakland, CA, for Consolidated-Plaintiff-Appellant State of California.

Kimberly P. Massicotte and Matthew Levine, Assistant Attorneys General for the State of Connecticut, Hartford, CT, for Consolidated-Plaintiff-Appellant State of Connecticut.

Rebecca A. Burlingham, Supervising Attorney, Office of the Attorney General for the State of Illinois, Chicago, IL, for Consolidated-Plaintiff-Appellant State of Illinois.

JOHN D. CLOPPER, Assistant United States Attorney (Sarah S. Normand, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

Before: JACOBS, Chief Judge, WINTER and WALKER, Circuit Judges.

JOHN M. WALKER, Jr., Circuit Judge.

This case concerns our national response to the significant environmental threat presented by plant pests and pathogens introduced into the United States through the importation of solid wood packaging material ("SWPM")—including pallets, crates, boxes, cases, and skids—used to support, protect, and carry commodities entering the country. Exotic wood-boring insects that accompany SWPM, such as the pine shoot beetle...

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