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CENTER FOR FOOD SAFETY v. VILSACK

Nos. 10-17719, 10-17722.

636 F.3d 1166 (2011)

CENTER FOR FOOD SAFETY; Organic Seed Alliance; Sierra Club; High Mowing Organic Seeds, Plaintiffs-Appellees, v. Thomas J. VILSACK, Defendant, and Monsanto Company; American Crystal Sugar Company; Syngenta Seeds, Inc.; Betaseed, Inc., Intervenor-Defendants-Appellants. Center for Food Safety; Organic Seed Alliance; Sierra Club; High Mowing Organic Seeds, Plaintiffs-Appellees, v. Thomas J. Vilsack, Defendant-Appellant, and Monsanto Company; American Crystal Sugar Company; Syngenta Seeds, Inc.; Betaseed, Inc., Intervenor-Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2011.

Attorney(s) appearing for the Case

Robert J. Lundman , Department of Justice, Washington, D.C., for the federal defendants-appellants.

Richard P. Press , Latham & Watkins, L.L.P., Washington, D.C., for the intervenor defendants-appellants.

Paul H. Achitoff , Earthjustice, Honolulu, HI, for the plaintiffs-appellees.

Before: MARY M. SCHROEDER and SIDNEY R. THOMAS, Circuit Judges, and MARK W. BENNETT, District Judge.

OPINION

THOMAS, Circuit Judge:

The Department of Agriculture's Animal and Plant Health Inspection Service ("APHIS") and Intervenors Monsanto et al. appeal the district court's decision granting a preliminary injunction that mandates the destruction of juvenile Roundup Ready sugar beets planted pursuant to permits issued by the agency. Because the plaintiffs have failed to demonstrate irreparable harm...

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