Nrdc

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATURAL RESOURCES DEFENSE No. 20-72794

COUNCIL,

Petitioner, EPA No.

EPA-HQ-OPP-

v. 2009-0308

U.S. ENVIRONMENTAL PROTECTION

AGENCY; MICHAEL S. REGAN, in his OPINION official capacity as Administrator of the United States Environmental Protection Agency, Respondents,

THE HARTZ MOUNTAIN

CORPORATION,

Respondent-Intervenor.

On Petition for Review of an Order of the Environmental Protection Agency

Argued and Submitted November 22, 2021 San Francisco, California

Filed April 20, 2022 Before: Mary H. Murguia, Chief Judge, and R. Guy Cole, Jr. * and Ronald M. Gould, Circuit Judges.

Opinion by Judge Gould

SUMMARY **

Pesticides

The panel vacated the U.S. Environmental Protection Agency’s (“EPA”) denial of Natural Resources Defense Council (“NRDC”)’s petition to cancel the registration of the pesticide tetrachlorvinphos (“TCVP”), and remanded for a revised EPA response within 120 days.

Under the Federal Insecticide, Fungicide, and Rodenticide Act, pesticides sold in the United States generally must be registered by the EPA. Private parties can…