NATURAL RESOURCES DEFENSE COUNCIL v. EPA

No. 20-70787, No. 20-70801.

38 F.4th 34 (2022)

NATURAL RESOURCES DEFENSE COUNCIL; Pesticide Action Network North America, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, National Association of Wheat Growers; National Cotton Council of America; American Farm Bureau Federation; National Corn Growers Association; American Soybean Association; National Sorghum Producers; Agricultural Retailers Association; National Association of Landscape Professionals; Monsanto Company; Golf Course Superintendents Association of America; American Sugarbeet Growers Association, Intervenors. Rural Coalition; Organizacion en California de Líderes Campesinas; Farmworker Association of Florida; Beyond Pesticides; Center for Food Safety, Petitioners, v. U.S. Environmental Protection Agency; Michael Regan, in his official capacity as Administrator, Respondents, National Association of Wheat Growers; National Corn Growers Association; National Cotton Council; American Soybean Association; American Sugarbeet Growers Association; National Sorghum Producers; American Farm Bureau Federation; Agricultural Retailers Association; National Association of Landscape Professionals; Golf Course Superintendents Association of America; Monsanto Company, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2022.


Attorney(s) appearing for the Case

Amy van Saun (argued), George A. Kimbrell , and Ryan D. Talbott , Center for Food Safety, Portland, Oregon, for Petitioners Rural Coalition, Organización en California de Líderes Campesinas, Farmworker Association of Florida; Beyond Pesticides, and Center for Food Safety.

Lucas Rhoads (argued), Aaron Colangelo , and Tom Zimpleman , Natural Resources Defense Council, Washington, D.C., for Petitioners Natural Resources Defense Council and Pesticide Action Network North America.

Philip R. Dupre (argued), Attorney; Robert Williams , Senior Trial Attorney; Benjamin Carlisle , Senior Attorney; Bruce S. Gelber , Deputy Assistant Attorney General; Jean E. Williams , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Devi Chandrasekaran and Forrest Pittman , Attorney Advisors, Office of General Counsel, United States Environmental Protection Agency, Washington, D.C.; for Respondent.

Richard P. Bress (argued), Philip J. Perry , Stacey L. VanBelleghem , and Andrew D. Prins , Latham & Watkins LLP, Washington, D.C., for Intervenors.

Shannen W. Coffin , Sara Beth Watson , and Mark C. Savignac , Steptoe & Johnson LLP, Washington, D.C., for Amicus Curiae CropLife America.

Before: J. Clifford Wallace, Danny J. Boggs, and Michelle T. Friedland, Circuit Judges.


OPINION

Glyphosate, the active ingredient in Roundup, is the nation's most heavily used weedkiller. The Environmental Protection Agency ("EPA") recently assessed whether glyphosate poses "any unreasonable risk to man or the environment" and answered, for the most...

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