CENTER FOR FOOD SAFETY v. REGAN (2023)

United States Court of Appeals, Ninth Circuit.

CENTER FOR FOOD SAFETY; Center for Biological Diversity, Petitioners, v. Michael REGAN, in His Official Capacity as Administrator; U.S. Environmental Protection Agency, Respondents,
Corteva Agriscience LLC, Respondent-Intervenor. Pollinator Stewardship Council; et al., Petitioners, v. Michael Regan, in His Official Capacity as Administrator; U.S. Environmental Protection Agency, Respondents, Corteva Agriscience LLC, Respondent-Intervenor.

No. 19-72109, No. 19-72280

Decided: December 05, 2023

Before: O'SCANNLAIN, MILLER, and LEE, Circuit Judges.

ORDER

Judges O'Scannlain and Lee voted to deny the petition for panel rehearing. Judge Miller voted to grant the petition for panel rehearing. Judges Miller and Lee voted, and Judge O'Scannlain recommended, to deny the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The matter failed to receive a majority of votes of non-recused active judges in favor of en banc consideration. See Fed. R. App. P. 35. The petitions for panel rehearing and for rehearing en banc, (19-72109 Dkt. No. 204; 19-72280 Dkt. No. 201), are DENIED. No further petitions for rehearing or rehearing en banc will be entertained.

Respondents' motions for clarification (19-72109 Dkt. No. 188; 19-72280 Dkt. No. 186) are DENIED.

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