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

Nos. 15-72308, 15-72312.

857 F.3d 1030 (2017)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. Center for Food Safety; International Center for Technology Assessment, Petitioners, v. U.S. Environmental Protection Agency; Scott Pruitt, in his official capacity as Administrator of the Environmental Protection Agency, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2017.


Attorney(s) appearing for the Case

Jaclyn H. Prange (argued), San Francisco, California; Aaron Colangelo , Washington, D.C.; as and for Petitioner Natural Resources Defense Council.

George A. Kimbrell and Sylvia Wu , Center for Food Safety, San Francisco, California, for Petitioners Center for Food Safety and International Center for Technology Assessment.

Sue Chen (argued), Attorney, and John C. Cruden , Assistant Attorney General, Environmental Defense Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Amber Aranda , Of Counsel, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Respondent.

Before: Michael J. Melloy, Richard R. Clifton, and Paul J. Watford, Circuit Judges.


OPINION

The Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. §§ 136-136y, governs the sale, use, and distribution of pesticides. Under FIFRA, a pesticide generally must be registered with the Environmental Protection Agency ("EPA") before it is sold or distributed. Id. §...

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