GEERTSON SEED FARMS v. JOHANNS

Nos. 07-16458, 07-16492, 07-16725.

570 F.3d 1130 (2009)

GEERTSON SEED FARMS, an Oregon business; Trask Family Seeds a South Dakota business; Center for Food Safety, a Washington DC nonprofit corp.; Beyond Pesticides, a Washington DC nonprofit corp.; Cornucopia Institute, a Wisconsin nonprofit corp.; Dakota Resource Council, a North Dakota nonprofit corp.; National Family Farm Coalition, a Michigan nonprofit corp.; Sierra Club, a California nonprofit corp.; Western Organization of Resource Councils a Montana nonprofit corp., v. Mike JOHANNS, in his official capacity as Secretary of the U.S. Department of Agriculture; Steve Johnson, in his official capacity as Administrator of the U.S. Environmental Protection Agency; Ron Dehaven, in his official capacity as Administrator of the Animal Plant Health and Inspection Service, U.S. Department of Agriculture, Defendants. Forage Genetics, Inc.; John Grover; Daniel Maderos; Mark Watte, Defendant-intervenors, and Monsanto Company, Defendant-intervenor-Appellant. Geertson Seed Farms, an Oregon business; Trask Family Seeds a South Dakato business; Center for Food Safety, a Washington DC nonprofit corp.; Beyond Pesticides, a Washington DC nonprofit corp.; Cornucopia Institute, a Wisconsin nonprofit corp.; Dakota Resource Council, a North Dakota nonprofit corp.; National Family Farm Coalition, a Michigan nonprofit corp.; Sierra Club, a California nonprofit corp.; Western Organization of Resource Councils a Montana nonprofit corp., Plaintiffs-Appellees, v. Mike Johanns, in his official capacity as Secretary of the U.S. Department of Agriculture; Steve Johnson, in his official capacity as Administrator of the U.S. Environmental Protection Agency; Ron Dehaven, in his official capacity as Administrator of the Animal Plant Health and Inspection Service, U.S. Department of Agriculture, Defendants, Monsanto Company, Defendant-intervenor, and Forage Genetics, Inc.; John Grover; Daniel Maderos; Mark Watte, Defendant-intervenors-Appellants. Trask Family Seeds a South Dakota business; Center for Food Safety, a Washington DC nonprofit corp.; Beyond Pesticides, a Washington DC nonprofit corp.; Cornucopia Institute, a Wisconsin nonprofit corp.; Dakota Resource Council, a North Dakota nonprofit corp.; National Family Farm Coalition, a Michigan nonprofit corp.; Sierra Club, a California nonprofit corp.; Western Organization of Resource Councils a Montana nonprofit corp.; Geertson Seed Farms, an Oregon business, Plaintiffs-Appellees, and Geertson Seed Farms, an Oregon Corp., Plaintiff, v. Mike Johanns, in his official capacity as Secretary of the U.S. Department of Agriculture; Steve Johnson, in his official capacity as Administrator of the U.S. Environmental Protection Agency; Ron Dehaven, in his official capacity as Administrator of the Animal Plant Health and Inspection Service, U.S. Department of Agriculture; Steve Johnson, in his official capacity as Administrator of the United States Environmental Protection Agency, Defendants-Appellants and Monsanto Company; Forage Genetics, Inc.; John Grover; Daniel Maderos; Mark Watte, Defendant-intervenors.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2009.


Attorney(s) appearing for the Case

Marc Kesselman, Washington, DC, for defendants-intervenors/appellants Government.

Maureen Mahoney, Washington, DC, for defendants-intervenors/appellants Monsanto et al.

George Kimbrell, Washington, DC, for the plaintiffs-appellees.

Opinion by Judge SCHROEDER; Dissent for Judge N. SMITH.


ORDER AND AMENDED OPINION

ORDER

The opinion and dissent filed September 2, 2008, and appearing at 541 F.3d 938 (9th Cir.2008), are hereby amended. The amended opinion and dissent are filed concurrently with this Order.

With these amendments, Judges Schroeder and Fairbank have voted to deny the petition for panel rehearing and recommend denial of the petition for rehearing en banc. Judge N.R. Smith votes to grant...

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