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IN RE CENTER FOR BIOLOGICAL DIVERSITY

No. 21-1270.

53 F.4th 665 (2022)

IN RE: CENTER FOR BIOLOGICAL DIVERSITY AND CENTER FOR FOOD SAFETY, Petitioners FMC Corporation and Syngenta Crop Protection, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 2022.

Attorney(s) appearing for the Case

Stephanie M. Parent argued the cause for petitioners. With her on the petition for writ of mandamus and the reply was Jonathan C. Evans.

Kamela A. Caschette, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the opposition to the petition for writ of mandamus were Todd Kim, Assistant Attorney General, and Patrick R. Jacobi, Attorney.

Thomas A. Lorenzen argued the cause for intervenors. With him on the response to the petition for writ of mandamus were Kirsten L. Nathanson and Elizabeth B. Dawson. Amanda S. Berman entered an appearance.

Before: Millett and Rao, Circuit Judges, and Tatel, Senior Circuit Judge.

Eight years ago, the Environmental Protection Agency registered a new pesticide without first determining, as required by the Endangered Species Act, whether it would have an adverse effect on endangered species. Then, five years ago, our court ordered EPA to fulfill that statutory obligation. Notwithstanding Congress...

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