United Farm Wkrs. of Am., AFL-CIO v. EPA, No. 08-35528 - - U.S. Ninth Circuit
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United Farm Wkrs. of Am., AFL-CIO v. EPA, No. 08-35528

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