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CHEMICAL PROD. & DISTRIBUTORS v. HELLIKER

No. 04-56318.

463 F.3d 871 (2006)

CHEMICAL PRODUCERS AND DISTRIBUTORS ASSOCIATION, Plaintiff-Appellant, v. Paul E. HELLIKER, Director of the California Department of Pesticide Regulation, Defendant-Appellee, and Syngenta Crop Protection, Inc.; Dow Agrosciences LLC; BASF Corporation; Bayer Cropscience LP; Du Pont De Nemours and Company; Monsanto Company, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2006.

Attorney(s) appearing for the Case

David H. Bamberger, DLA Piper Rudnick Gray Cary U.S. LLP, Washington, D.C., for the plaintiff-appellant.

Stanley W. Landfair and Lawrence S. Ebner, McKenna Long & Aldridge LLP, Los Angeles, CA, for the defendants-intervenors-appellees.

Before HAWKINS and PAEZ, Circuit Judges, and NEIL V. WAKE, District Judge.

WAKE, District Judge.

We must decide whether intervening amendments to California's pesticide registration laws, which were challenged and upheld below, render this appeal moot. We hold they do. Because the amendments cannot be attributed to the voluntary conduct of the party seeking relief from the judgment, we vacate the district court's judgment.

I. Federal and California Pesticide Regulation

Under the Federal Insecticide, Fungicide...

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