Center for Food Safety v. Environmental Protection Agency
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CENTER FOR FOOD SAFETY, et al., Case No. 23-cv-02714-SI Plaintiffs,
REQUEST FOR SUPPLEMENTAL
v. BRIEFING ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants. a
A hearing on the parties’ cross motions for summary judgment is scheduled for November
v || 8, 2024. In anticipation of that hearing, the Court requests that plaintiffs and defendant
|| Environmental Protection Agency (“EPA”) file supplemental briefing that addresses the following Q 16 || issue: considering Ninth Circuit precedent regarding what constitutes a “public hearing” under
= || U.S.C. § 136n(b), does the district court have subject matter jurisdiction to hear plaintiffs’ claims? See, e.g., United Farm Workers of Am., AFL-CIO y. Adm'r, E.P.A., 592 F.3d 1080, 1082-84 (9th || Cir. 2010); Ctr. for Biological Diversity v. Env't Prot. Agency, 847 F.3d 1075, 1088-89 (9th Cir. || 2017). The Court instructs plaintiffs and…