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NATURAL RESOURCES DEFENSE COUNCIL v. EPA

No. 20-72794.

31 F.4th 1203 (2022)

NATURAL RESOURCES DEFENSE COUNCIL, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Michael S. Regan, in his official capacity as Administrator of the United States Environmental Protection Agency, Respondents, The Hartz Mountain Corporation, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2022.

Attorney(s) appearing for the Case

Peter J. DeMarco (argued) and Aaron Colangelo , Natural Resources Defense Council, Washington, D.C.; Ian Fein , Natural Resources Defense Council, San Francisco, California; for Petitioner.

Gus Maxwell (argued), Attorney; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Section, United States Department of Justice, Washington, D.C.; Benjamin Wakefield and Erin Koch , Attorneys, United States Environmental Protection Agency, Washington, D.C.; for Respondents.

Amanda Shafer Berman (argued), Kirsten L. Nathanson , and Michael Boucher , Crowell & Moring LLP, Washington, D.C., for Respondent-Intervenor.

Before: Mary H. Murguia, Chief Judge, and R. Guy Cole, Jr. and Ronald M. Gould, Circuit Judges.

OPINION

The Natural Resources Defense Council ("NRDC") again asks us to intervene in its thirteen-year dispute with the Environmental Protection Agency ("EPA") regarding whether EPA is fulfilling its statutory duty to properly assess the risks of the pesticide tetrachlorvinphos ("TCVP"). After we granted NRDC's writ...

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