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IN RE PESTICIDE ACTION NETWORK NORTH AMERICA

No. 14-72794.

863 F.3d 1131 (2017)

IN RE PESTICIDE ACTION NETWORK NORTH AMERICA; Natural Resources Defense Council, Inc., Pesticide Action Network North America; Natural Resources Defense Council, Inc., Petitioners, v. U.S. Environmental Protection Agency, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 18, 2017.

Attorney(s) appearing for the Case

Patti A. Goldman and Kristen Boyles , Earthjustice, Seattle, Washington, for Petitioners.

Erica M. Zilioli , Environmental Defense Section; Jeffrey H. Wood , Acting Assistant Attorney General, Environment & Natural Resources Division; United States Department of Justice, Washington, D.C.; Mark Dyner , Office of General Counsel; United States Environmental Protection Agency, Washington, D.C.; for Respondents.

Stanley H. Abramson , Donald C. McLean , Kathleen R. Heilman , and Sylvia G. Costelloe , Arent Fox LLP, Washington, D.C., for Amici Curiae Dow Agrosciences LLC.

Before: Diarmuid F. O'Scannlain, A. Wallace Tashima, and M. Margaret McKeown, Circuit Judges.

ORDER

In 2007, Pesticide Action Network North America and Natural Resources Defense Council (collectively, "PANNA") filed an administrative petition with the United States Environmental Protection Agency ("EPA"). The petition sought to revoke all food tolerances and cancel all registration of a pesticide called chlorpyifos. In 2014, having grown frustrated with EPA's inertia, PANNA petitioned this court for a writ of mandamus to force the agency to issue a response...

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