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.
Argued and Submitted August 7, 2009
Filed January 26, 2010
Opinion by Judge Noonan
Dissent by Judge Pregerson
Kristen L. Boyles, Seattle, WA
Ronald J. Tenpas, Washington, DC