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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 12-70268.

735 F.3d 873 (2013)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, HeiQ Materials AG, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2013.

Attorney(s) appearing for the Case

Catherine Marlantes Rahm (argued) and Nancy S. Marks , Natural Resources Defense Council, New York, NY; Mae C Wu , Natural Resources Defense Council, Washington, D.C., for Petitioner.

Matthew B. Henjum (argued), United States Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, Washington, D.C.; Ignacia S. Moreno , Assistant Attorney General, Environment and Natural Resources Division, Washington, D.C.; Amber Aranda , Of Counsel, United States Environmental Protection Agency, Office of General Counsel, Washington, D.C., for Respondent.

Benjamin G. Shatz (argued) and Benjamin M. Kleinman , Manatt, Phelps & Phillips, LLP, Los Angeles, CA; James G. Votaw , Manatt, Phelps & Phillips, LLP, Washington, D.C., for Intervenor.

Before: JEROME FARRIS and JAY S. BYBEE, Circuit Judges, and LYNN S. ADELMAN, District Judge.

OPINION

BYBEE, Circuit Judge:

The Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") prohibits the sale of any pesticide that has not been "registered" with the Environmental Protection Agency ("EPA"). 7 U.S.C. § 136a(a). Through the registration requirement, EPA ensures that no pesticides that will cause "unreasonable adverse effects" on human health or the environment are sold in the United States. See id. This case involves EPA...

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