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NATURAL RESOURCES DEFENSE COUNCIL v. JOHNSON

No. 04-5337-cv.

461 F.3d 164 (2006)

NATURAL RESOURCES DEFENSE COUNCIL, Pesticide Action Network North America, The Breast Cancer Fund, Physicians for Social Responsibility, New York Public Interest Research Group, Farmworker Legal Services of New York, Citizens Campaign for the Environment, Neighborhood Network Research Center, Citizens Environmental Coalition, Mid-Hudson Catskill Rural and Migrant Ministry, Environmental Advocates of New York, Plaintiffs-Appellants, v. Stephen L. JOHNSON, Administrator, United States Environmental Protection Agency, Defendants-Appellees, Captan Task Force, Makhteshim-Agan of North America, Inc., Sygenta Crop Protection Inc., Monsanto Company, Gowan Company L.L.C., Bayer Crop-Science LP, CropLife America, Defendants-Intervenors-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 22, 2006.

Attorney(s) appearing for the Case

Aaron S. Colangelo (Erik D. Olson, Jon P. Devine, Jr., on the brief), Natural Resources Defense Council, Washington, D.C. (Patti A. Goldman, Earthjustice, Seattle, Washington, Shelley Davis, Farmworker Justice Fund, Washington, D.C., of counsel), for Plaintiffs-Appellants.

Kathy S. Marks, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Sara L. Shudofsky, Assistant United States Attorney, of counsel), New York, New York (Jonathan J. Fleuchaus, Daniel M. Flores, United States Environmental Protection Agency, Washington, D.C., of counsel), for Defendants-Appellees.

Donald B. Mitchell (Stanley H. Abramson, Eric S. Baxter, on the brief), Arent Fox PLLC, Washington, D.C. (William J. McSherry, Jr., Janine M. Gargiulo, Arent Fox PLLC, New York, New York; David B. Weinberg, Wiley Rein & Fielding LLP, Washington, D.C., on the brief), for Defendants-Intervenors-Appellees.

Before: WINTER, STRAUB, and RAGGI, Circuit Judges.

WINTER, Circuit Judge.

The appellants in this action are eleven public health, environmental, religious and farmworker organizations, including the Natural Resources Defense Council (collectively, the "NRDC Appellants"). They appeal from Judge Lynch's dismissal of their complaint for lack of subject matter jurisdiction.

The complaint challenged the Environmental Protection Agency's ("EPA")1

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