Geertson Seed Farms v. Monsanto Company
Opinion
Opinion
Schroeder Dissent by Judge N. Smith, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GEERTSON SEED FARMS, an Oregon business; TRASK FAMILY SEEDS a South Dakota business; CENTER FOR FOOD SAFETY, a Washington DC nonprofit corp.; BEYOND PESTICIDES, a Washington DC nonprofit corp.; CORNUCOPIA INSTITUTE, a Wisconsin nonprofit corp.; DAKOTA RESOURCE COUNCIL, a North Dakota nonprofit corp.;
NATIONAL FAMILY FARM COALITION,
a Michigan nonprofit corp.; SIERRA CLUB, a California nonprofit corp.;
WESTERN ORGANIZATION OF
RESOURCE COUNCILS a Montana No. 07-16458 nonprofit corp., D.C. No. Plaintiffs-Appellees, CV-06-01075-CRB v. MIKE JOHANNS, in his official capacity as Secretary of the U.S. Department of Agriculture; STEVE JOHNSON, in his official capacity as Administrator of the U.S. Environmental Protection Agency; RON DEHAVEN, in his official capacity as Administrator of the Animal Plant Health and Inspection Service, U.S. Department of Agriculture, Defendants,
7867 7868 GEERTSON SEED FARMS v. MONSANTO COMPANY