National Family Farm Coalition v. Usepa

I. Background

The petition for review in this case challenged EPA’s decision to issue temporary registrations under FIFRA for three over-the-top (“OTT”) dicamaba herbicides. “FIFRA provides for [direct] review in the courts of appeals ‘as to the validity of any order issued by the Administrator [of the EPA] following a public hearing’ by ‘any person who will be adversely affected by such order and who had been a party to the proceedings.’” Nat’l Fam. Farm, 960 F.3d at 1131 (quoting 7 U.S.C. § 136n(b)).

In the fall of 2016, after a notice-and-comment period, the EPA granted two-year conditional registrations for three

NAT’L FAMILY FARM COALITION V. USEPA

closely related OTT dicamba herbicides. Id. at 1126, 1132. Petitioners filed a petition for review of the registrations in this court. The panel heard oral argument in Seattle, but the registrations expired before we could rule on the petition. We therefore dismissed the petition as moot. Nat’l Fam. Farm Coal. v. EPA, 747 F. App’x 646, 647–48 (9th Cir. 2019).

In the fall of 2018, the EPA issued new temporary conditional registrations to the same three herbicides. Nat’l Fam. Farm, 960 F.3d at 1130. The same…