|RECENT FEDERAL DECISIONS|
Ninth Circuit Finds Written Comments Challenging a Pesticide Registration Decision Meets FIFRA ‘Public Hearing’ Requirement
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United Farm Workers of America v. U.S. Environmental Protection Agency, ___F.3d___
Plaintiffs appealed from a District Court order dismissing their complaint for lack of subject matter jurisdiction. Plaintiffs filed a complaint challenging the U.S. Environmental Protection Agency’s (EPA) decision to schedule a gradual phase out of a pesticide called azinphos-methyl (AZM), pursuant to EPA’s authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Plaintiffs alleged that EPA acted arbitrarily and capriciously by refusing to set a more aggressive phase out schedule. The District Court dismissed the complaint for lack of jurisdiction on the basis that, under FIFRA, a plaintiff who wants to challenge a decision that EPA make after a “public hearing” has to file a petition for review in the U.S.
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United Farm Workers of America v. U.S. Environmental Protecion Agency