Natural Resources Defense Council v. Environmental Protection Agency

MEMORANDUM **

The Natural Resources Defense Council (NRDC) sued the Environmental Protection Agency (EPA) alleging that the EPA failed to timely reassess pesticide tolerances under the Federal Food, Drug & Cosmetic Act, 21 U.S.C. § 346a(q). The district court allowed the American Farm Bureau Federation (AFBF) to intervene. NRDC and the EPA entered into a consent decree resetting missed interim statutory deadlines and the district court approved the consent decree. Intervenor AFBF appeals the district court’s approval of the consent decree alleging that the district court exceeded its jurisdiction and abused its discretion by approving the consent decree. We dismiss the appeal because intervenor AFBF lacks standing to appeal the approval of the consent decree.

To appeal the district court’s final order resolving this action, intervenor AFBF must establish constitutional standing. Diamond v. Charles, 476 U.S. 54, 68 , 106 S.Ct. 1697 , 90 L.Ed.2d 48 (1986); Idaho Farm Bureau Fed’n. v. Babbitt, 58 F.3d 1392 , 1398 (9th Cir.1995); Didrickson v. United States Dep’t. of Interior, 982 F.2d 1332 , 1338 (9th Cir.1992). Thus, AFBF must establish that: (1) it has suffered an injury in fact…