NATIONAL ASSOCIATION OF WHEAT GROWERS; National Corn Growers Association; United States Durum Growers Association; Western Plant Health Association; Missouri Farm Bureau; Iowa Soybean Association; South Dakota Agri-Business Association; North Dakota Grain Growers Association; Missouri Chamber of Commerce and Industry; Monsanto Company; Associated Industries of Missouri; Agribusiness Association of Iowa; Croplife America; Agricultural Retailers Association, Plaintiffs-Appellees,
v.
Rob BONTA, In His Official Capacity as Attorney General of the State of California, Defendant-Appellant, and
Lauren Zeise, In Her Official Capacity as Director of the Office of Environmental Health Hazard Assessment, Defendant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted April 19, 2023 San Francisco, California.
Vivian H.W. Wang , Natural Resources Defense Council, New York, New York; Avinash Kar , Natural Resources Defense Council, San Francisco, California; for Amici Curiae Natural Resources Defense Council, United Steelworkers, Alliance of Nurses for Healthy Environments, As You Sow, Californians for Pesticide Reform, Center for Food Safety, Clean Water Action, Environmental Law Foundation, Pesticide Action Network North America (PANNA), and San Francisco Bay Physicians for Social Responsibility.
Seth E. Mermin , Public Good Law Center, Berkeley, California; Eliza Duggan , Center for Consumer Law and Economic Justice; Claudia Polsky , Assistant Clinical Professor of Law; UC Berkeley School of Law, Berkeley, California; for Amicus Curiae UC Berkeley Center for Consumer Law & Economic Justice.
Mary-Christine Sungaila , Complex Appellate Litigation Group LLP, Newport Beach, California; Joshua R. Ostrer and Lauren Jacobs , Buchalter APC, Irvine, California; Kari Fisher , Senior Counsel, California Farm Bureau Federation, Sacramento, California; for Amici Curiae California Farm Bureau Federation, California Cotton Ginner & Growers Association, Western Agricultural Processors Association, California Fresh Fruit Association, and California Citrus Mutual.
Jonathan L. Williams , Jonathan L. Williams PA, Tallahassee, Florida, for Amici Curiae Risk-Mitigation Scholars.
Gary Roberts , Denton US LLP, Los Angeles, California; Sarah R. Choi , Dentons US LLP, San Francisco, California; for Amici Curiae California League of Food Producers, California Manufacturers & Technology Association, California Restaurant Association, California Retailers Association, Civil Justice Association Of California, American Beverage Association, American Chemistry Council, American Frozen Food Institute, American Spice Trade Association, Consumer Brands Association, Consumer Healthcare Products Association, Council for Responsible Nutrition, Frozen Potato Products Institute, Juice Products Association, Peanut and Tree Nut Processors Association, and Snac International.
Dissent by Judge Schroeder.
OPINION
CALLAHAN, Circuit Judge:
This case involves the application of California Proposition 65's (Prop 65) "warning requirement" to a chemical called glyphosate. Glyphosate is a widely used herbicide in multiple settings and is best known as the main active ingredient in Roundup, a herbicide manufactured by Monsanto Company. In 2015...
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