NORTHWEST COALITION FOR ALTERNATIVES v. E.P.A.

Nos. 05-75255, 05-76807.

544 F.3d 1043 (2008)

NORTHWEST COALITION FOR ALTERNATIVES TO PESTICIDES (NCAP), Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, CropLife America, Intervenor. Natural Resources Defense Council, Inc., Petitioner, v. United States Environmental Protection Agency, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2008.


Attorney(s) appearing for the Case

Aaron Colangelo and Erik D. Olsen, National Resource Defense Council, Washington, D.C.; Shelley Davis, Farm-worker Justice Fund, Washington, D.C.; Patti Goldman, Earthjustice, Seattle, WA, for petitioners-appellants Northwest Coalition for Alternatives to Pesticides and National Resources Defense Council.

Jonathan J. Fleuchaus, Environmental Protection Agency, Washington, D.C.; Sue Ellen Woodridge, Attorney General, John C. Cruden, Deputy Assistant Attorney General, and Kent E. Hanson, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for respondent-appellee Environmental Protection Agency.

Kenneth W. Weinstein, Claudia M. O'Brien, and Cassandra Sturkie, Latham & Watkins LLP, Washington, D.C., for respondent-intervenor CropLife America.

Opinion by Judge PREGERSON; Partial Concurrence and Partial Dissent by Judge IKUTA.


PREGERSON, Circuit Judge:

Petitioners are two environmental groups challenging the Environmental Protection Agency's ("EPA") establishment of tolerances for seven pesticides used mostly on fruit and vegetable crops. We grant the petition in part, deny it in part, and remand to the EPA.

BACKGROUND

I.

The EPA regulates pesticides under two statutes: the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. § 136-136y...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases