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AMERICAN SOYBEAN ASSOCIATION v. REGAN

No. 20-1441. Consolidated with 20-1445, 20-1484, 22-1048, 22-1050, 22-1067.

77 F.4th 873 (2023)

AMERICAN SOYBEAN ASSOCIATION, Petitioner v. Michael S. REGAN, Administrator, U.S. Environmental Protection Agency, et al., Respondents. BASF Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 2023.

Attorney(s) appearing for the Case

Edmund S. Sauer argued the cause for petitioners. With him on the joint briefs were Kyle W. Robisch , Sarah Gunn , and Bartholomew J. Kempf .

J. Brett Grosko and Andrew D. Knudsen , Attorneys, U.S. Department of Justice, argued the causes for respondents. With them on the brief was Todd Kim , Assistant Attorney General.

John C. Cruden , Kathryn E. Szmuskzkovicz , Anthony L. Michaels , David A. Barker , Philip J. Perry , Richard P. Bress , Stacey L. VanBelleghem , Karen E. Carr , Donald C. McLean , and Laura Zell were on the joint brief for intervenors Bayer CropScience LP, et al. in support of respondents. Andrew D. Prins entered an appearance.

Concurring opinion filed by Circuit Judge Rao.

Under the Federal Insecticide, Fungicide, and Rodenticide Act, review of orders issued by the Environmental Protection Agency after a "public hearing" lies exclusively in the courts of appeals. 7 U.S.C. § 136n(b). For orders issued without a public hearing, review lies in the district courts. Id. § 136n...

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