Ctr. for Biological Diversity v. Usepa

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CENTER FOR BIOLOGICAL DIVERSITY; No. 20-73146

CENTER FOR FOOD SAFETY,

EPA No. Petitioners, EPA-HQ-OPP-2018-0038-0040

v.

MEMORANDUM*

U.S. ENVIRONMENTAL PROTECTION

AGENCY,

Respondent, ______________________________

VALENT U.S.A. LLC,

Intervenor.

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

Argued and Submitted July 7, 2022 Portland, Oregon

Before: R. NELSON and LEE, Circuit Judges, and RAKOFF,** District Judge.

Petitioners Center for Biological Diversity (“CBD”) and Center for Food

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. Safety challenge an order by the Environmental Protection Agency (“EPA”)

registering a new fungicide called inpyrfluxam.1 We have jurisdiction under 7

U.S.C. § 136n(b) and grant the petition in part, and remand to the EPA…