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CENTER FOR FOOD SAFETY v. VENEMAN

No. CV.03-00621 DAE BMK.

364 F.Supp.2d 1202 (2005)

CENTER FOR FOOD SAFETY; Kahea; Friends of the Earth, Inc., and Pesticide Action Network North America, Plaintiffs, v. Ann VENEMAN, Secretary, U.S. Department of Agriculture, William T. Hawks, Under Secretary of Agriculture for Marketing and Regulatory Programs; Bobby R. Acord, Deputy Administrator, U.S. Department of Agriculture, Animal and Plant Health Inspection Service, and Cindy Smith, Deputy Administrator, U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Biotechnology Regulatory Services Program, Defendants, and The Biotechnology Industry Organization, Intervenor.

United States District Court, D. Hawai'i.

March 29, 2005.

Attorney(s) appearing for the Case

Paul H. Achitoff, Isaac H. Moriwake, Earthjustice Legal Defense Fund, Honolulu, HI, Joseph Mendelson, III, Peter T. Jenkins, Center for Food Safety, Washington, DC, for Center for Food Safety, Kahea, (The Hawaiian-Environmental Alliance), Friends of the Earth, Inc., Pesticide Action Network North America, plaintiffs.

Thomas A. Helper, Office of the United States Attorney, Honolulu, HI, John Zacharia, Gregory D. Page, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, for Ann Veneman, Secretary, U.S. Department of Agriculture, William T. Hawks, Under Secretary of Agriculture for Marketing and Regulatory Programs, Bobby R. Acord, Deputy Administrator, U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Cindy Smith, Deputy Administrator, U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Biotechnology Regulatory Services Program, defendants.

Margery S. Bronster, Jeannette E. Holmes, Bronster Crabtree & Hoshibata, Honolulu, HI, for Biotechnology Industry Organization, amicus.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS ON GROUNDS OF INTERVENING MOOTNESS

DAVID ALAN EZRA, Chief Judge.

The Court heard Defendants' Motion on March 28, 2005. Paul H. Achitoff, Esq., and Peter Jenkins, Esq., appeared at the hearing on behalf of Plaintiffs; John Zacharia, Esq., Gregory D. Page, Esq., and Thomas A. Helper, Esq., appeared at the hearing on behalf of Defendants; Jeannette Homes, Esq., appeared on behalf of Intervenor. After reviewing...

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