WASHINGTON TOXICS COAL. v. ENVIRON. PROTECT. AGEN.

Nos. 04-35138, 04-35212, 04-35237, 04-35244.

413 F.3d 1024 (2005)

WASHINGTON TOXICS COALITION; Northwest Coalition for Alternatives to Pesticides; Pacific Coast Federation of Fishermen's Associations, Inc.; Institute for Fisheries Resources, Plaintiffs-Appellees, v. ENVIRONMENTAL PROTECTION AGENCY; Christine Todd Whitman, Defendants, and California Plant Health Association; Oregon Agricultural Chemicals & Fertilizers Association; Far West Agribusiness Association; Agricultural Cooperative Council of Oregon; Fruit Growers League of Southern Oregon; Hood River Grower-Shipper Association; Hop Growers of Washington; Idaho Mint Growers Association; Malheur County Onion Growers Association; National Potato Council, Orchard View Farms; Oregon Alfalfa Seed Growers Association; Oregon Cranberry Farmers' Alliance; Oregon Hop Growers Association; Oregon Horticultural Society; Oregon Seed Council; USA Dry Pea & Lentil Council; Wasco County Fruit & Produce League; Washington Association of Wheat Growers; Washington Mint Growers Association; Washington State Horticultural Association; Western Washington Agricultural Association; Oregon Dairy Farmers; American Forest Resource Council; Oregon Forest Industries Council; Washington Friends of Farms and Forests; Oregonians for Food and Shelter; Western Washington Golf Course Superintendents Association; National Agricultural Aviation Association; California Agricultural Aircraft Association; Croplife America, Defendant-Intervenors-Appellants. Washington Toxics Coalition; Northwest Coalition for Alternatives to Pesticides; Pacific Coast Federation of Fishermen's Associations, Inc.; Institute For Fisheries Resources, Plaintiffs-Appellees, v. Environmental Protection Agency; Christine Todd Whitman, Defendants, California Plant Health Association; Croplife America, Defendant-Intervenors, and Washington State Potato Commission, Defendant-Intervenor-Appellant. Washington Toxics Coalition; Northwest Coalition for Alternatives to Pesticides; Pacific Coast Federation of Fishermen's Associations, Inc.; Institute for Fisheries Resources, Plaintiffs-Appellees, v. Environmental Protection Agency; Christine Todd Whitman, Defendants, Croplife America, et al, Defendant-Intervenor, and Washington State Farm Bureau, Defendant-Intervenor-Appellant. Washington Toxics Coalition; Northwest Coalition for Alternatives to Pesticides; Pacific Coast Federation of Fishermen's Associations, Inc.; Institute for Fisheries Resources, Plaintiffs-Appellees, v. Environmental Protection Agency; Christine Todd Whitman, Defendants-Appellants, and California Plant Health Association; Oregon Agricultural Chemicals & Fertilizers Association; Far West Agribusiness Association; Agricultural Cooperative Council of Oregon; Fruit Growers League of Southern Oregon; Hood River Grower-Shipper Association; Hop Growers Of Washington; Idaho Mint Growers Association; Malheur County Onion Growers Association; National Potato Council; Orchard View Farms; Oregon Alfalfa Seed Growers Association; Oregon Cranberry Farmers' Alliance; Oregon Farm Bureau Federation; Oregon Hop Growers Association; Oregon Horticultural Society; Oregon Seed Council; Usa Dry Pea & Lentil Council; Wasco County Fruit & Produce League; Washington Association of Wheat Growers; Washington Mint Growers Association; Washington State Horticultural Association; Western Washington Agricultural Association; Oregon Cattlemen's Association; Oregon Dairy Farmers; American Forest Resource Council; Oregon Forest Industries Council; Washington Friends of Farms and Forests; Oregonians for Food and Shelter; Western Washington Golf Course Superintendents Association; National Agricultural Aviation Association; California Agricultural Aircraft Association; Washington State Potato Commission; Washington State Farm Bureau; Syngenta Corp Protection; Croplife America, Defendant-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2005.


Attorney(s) appearing for the Case

Todd S. Kim, Department of Justice, Washington, DC, for the defendants-appellants.

Karen Budd-Falen, Budd-Falen law Offices, Cheyenne, Wyoming, for the defendants-appellants.

J. Michael Klise & Stephen P. Quarles, Crowell & Moring, Washington, DC, for the defendants-appellants.

Patti A. Goldman, Earthjustice, Seattle, Washington, for the plaintiffs-appellees.

Before SCHROEDER, Chief Judge, BROWNING, and TASHIMA, Circuit Judges.


SCHROEDER, Chief Judge.

This litigation is about the Environmental Protection Agency's registration of 54 pesticide active ingredients that the plaintiff environmental coalitions fear may harm endangered or threatened salmon and steelhead in the waters of the Pacific Northwest. The plaintiffs, Washington Toxics Coalition et al., ("WTC"), contend that EPA violated the Endangered Species Act, 16 U.S.C. § 1536(a)(2), by failing to consult with the National Marine...

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