In an action challenging the EPA’s order permitting certain uses of the pesticide Azinphos-Methyl (AZM), dismissal of the action for lack of jurisdiction is affirmed where the cardinal condition for district court jurisdiction under section 16(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, was that the Administrator of the EPA had made a decision “not following a hearing,” and the Administrator did hold a hearing in this instance.
Read United Farm Wkrs. of Am., AFL-CIO v. EPA, No. 08-35528
Appellate Information
Argued and Submitted August 7, 2009
Filed January 26, 2010
Judges
Opinion by Judge Noonan
Dissent by Judge Pregerson
Counsel
For Appellant:
Kristen L. Boyles, Seattle, WA
For Appellee:
Ronald J. Tenpas, Washington, DC
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