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PESTICIDE ACTION NETWORK NORTH AMERICA v. DEPARTMENT OF PESTICIDE REGULATION

No. A145632.

16 Cal.App.5th 224 (2017)

PESTICIDE ACTION NETWORK NORTH AMERICA et al., Plaintiffs and Appellants, v. DEPARTMENT OF PESTICIDE REGULATION et al., Defendants and Respondents; VALENT U.S.A. CORPORATION et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Three.

As modified October 19, 2017.

Attorney(s) appearing for the Case

Earthjustice, Gregory C. Loarie, Tamara T. Zakim and Stacey Putnam Geis for Plaintiffs and Appellants.

Vic Sher Law and Victor M. Sher for Pollinator Stewardship Council as Amicus Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris, Attorney General, Robert W. Byrne, Assistant Attorney General, Gaving G. McCabe and Marc N. Melnick, Deputy Attorneys General, for Defendants and Respondents Department of Pesticide Regulation, Brian H. Leahy and Ann N. Prichard.

Kahn, Soares, & Conway, George H. Soares and Ann M. Grottveit for Defendants and Respondents California Citrus Mutual, California Fresh Fruit Association, Western Agricultural Processors Association, California Cotton Ginners and Growers Association, Western Plant Health Association, and CropLife America.

Quinn Emanuel Urquhart & Sullivan, J.D. Horton and Jonathan Cooper for Real Party in Interest Mitsui Chemicals Agro, Inc.

Dentons US, Stanley W. Landfair, Lawrence S. Ebner and E. Jacob Lubarsky for Real Party in Interest Valent U.S.A. Corporation.

OPINION

Defendant Department of Pesticide Regulation (the Department) approved amended labels for two previously registered pesticides: Dinotefuran 20SG, manufactured by real party in interest Mitsui Chemicals Agro, Inc. (Mitsui), and Venom insecticide (Venom Insecticide), manufactured by real party in interest Valent...

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