LEAGUE OF UNITED LATIN AMERICAN CITIZENS; Pesticide Action Network North America; Natural Resources Defense Council; California Rural Legal Assistance Foundation; Farmworkers Association of Florida; Farmworker Justice; Labor Council for Latin American Advancement; Learning Disabilities Association of America; National Hispanic Medical Association; Pineros y Campesinos Unidos del Noroeste; United Farm Workers; GreenLatinos, Petitioners,
v.
Michael S. REGAN, Administrator, United States Environmental Protection Agency; U.S. Environmental Protection Agency, Respondents.
State of New York; State of California; State of Washington; State of Maryland; State of Vermont; Commonwealth of Massachusetts, Petitioners,
District of Columbia; State of Hawaii; State of Oregon, Intervenors,
v.
Michael S. Regan, Administrator, United States Environmental Protection Agency; U.S. Environmental Protection Agency, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 28, 2020 San Francisco, California.
Filed April 29, 2021.
Attorney(s) appearing for the Case
Patti A. Goldman (argued), Marisa C. Ordonia , and Kristen L. Boyles , Earthjustice, Seattle, Washington, for Petitioners League of United Latin American Citizens, Pesticide Action Network North America, Natural Resources Defense Council, California Rural Legal Assistance Foundation, Farmworkers Association of Florida, Farmworker Justice, Labor Council for Latin American Advancement, Learning Disabilities Association of America, National Hispanic Medical Association, Pineros y Campesinos Unidos del Noroeste, United Farm Workers, and GreenLatinos.
Mark L. Walters (argued) and Jessica O'Donnell , Environmental Defense Section, United States Department of Justice, Washington, D.C.; Angela Huskey , Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Respondents.
Shaun A. Goho , Emmett Environmental Law & Policy Clinic, Harvard Law School, Cambridge, Massachusetts, for Amici Curiae American Academy of Pediatrics, Alliance of Nurses for Healthy Environments, American Public Health Association, Migrant Clinicians Network, Physicians for Social Responsibility, and Union of Concerned Scientists.
David Y. Chung , Kirsten L. Nathanson , and Elizabeth B. Dawson , Crowell & Moring LLP, Washington, D.C., for Amici Curiae Agribusiness Council of Indiana, Agricultural Retailers Association, American Farm Bureau Federation, AmericanHort, American Seed Trade Association, American Soybean Association, American Sugarbeet Growers Association, Beet Sugar Development Foundation, California Alfalfa and Forage Association, California Citrus Mutual, California Cotton Ginners and Growers Association, California Seed Association, California Specialty Crops Council, California Walnut Commission, Florida Fruit and Vegetable Association, National Agricultural Aviation Association, National Association of Wheat Growers, National Corn Growers Association, National Cotton Council, National Onion Association, National Sorghum Producers, North Dakota Grain Growers Association, Oregonians for Food and Shelter, Washington Friends of Farms & Forests, Western Agricultural Processors Association, Western Growers, and Western Plant Health Association.
Dissent by Judge Bybee.
OPINION
RAKOFF, District Judge:
This dispute concerning the documented health risks posed by a widely used pesticide, chlorpyrifos, has been before this Court more than a half-dozen times. The Environmental Protection Agency ("EPA" or the "Agency") has recognized that when pregnant mothers are exposed to chlorpyrifos residue, this likely...
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