Raptors Are The Solution v. Superior Court CA1/2

BACKGROUND

Before turning to the factual and procedural history of this case, we first summarize the regulations pertaining to the Department’s registration, renewal, and reevaluation of pesticides to provide context for Raptors’ challenge. I. Registration of Pesticides The Department oversees a pesticide registration program that aims “[t]o provide for the proper, safe, and efficient use of pesticides essential for production of food and fiber and for protection of the public health and safety” while protecting the environment “from environmentally harmful pesticides by prohibiting, regulating, or ensuring proper stewardship of those pesticides.” (Food & Agr. Code, § 11501, subds. (a), (b).) A pesticide must have a certificate of registration from the Department before it can be manufactured or sold in California. (Food & Agr. Code, § 12811.) A pesticide must first be registered by the United States Environmental Protection Agency (the EPA) in order to be eligible for registration in California. (7 U.S.C. § 136a.) The Department then conducts “a thorough and timely evaluation” of the pesticide pursuant to Food and Agricultural Code section 12824. This includes the review of…