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CROPLIFE AMERICA v. E.P.A.

No. 02-1057.

329 F.3d 876 (2003)

CROPLIFE AMERICA, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Natural Resources Defense Council and American Chemistry Council, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 2003.

Attorney(s) appearing for the Case

Kenneth W. Weinstein argued the cause for petitioners. With him on the brief was Alexandra A. E. Shapiro.

Seth A. Goldberg argued the cause for intervenor American Chemistry Council. With him on the briefs was Cynthia L. Taub.

Daniel M. Flores, Attorney, U.S. Environmental Protection Agency, argued the cause for respondent. Christopher S. Vaden and Kent E. Hanson, Attorneys, entered appearances.

Aaron Colangelo argued the cause for intervenor Natural Resources Defense Council. With him on the brief was Erik D. Olson.

Joseph W. Hatchett, Lee Davis Thames and Jerry C. Hill were on the brief for amicus curiae Florida Citrus Mutual, et al., in support of petitioners.

Benjamin S. Sharp was on the brief for amicus curiae Washington State Potato Commission in support of petitioners.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case concerns an Environmental Protection Agency ("EPA" or "the agency") directive banning agency consideration of "third-party" human studies in evaluating the safety of pesticides. In the late 1990s, EPA began reevaluating its practice of relying on data from third-party human studies, and began considering such data on a case-by-case basis only. In October...

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