United States Ninth Circuit

In an action challenging the EPA's order permitting certain uses of the pesticide Azinphos-Methyl (AZM), dismissal of the action for lack of jurisdiction is affirmed where the cardinal condition for district court jurisdiction under section 16(a) of the Federal Insecticide, Fungicide, and Rodenticide Act, was that the Administrator of the EPA had made a decision "not following a hearing," and the Administrator did hold a hearing in this instance.

Appellate Information

• Argued 08/07/2009
• Decided 01/26/2010
• Published 01/26/2010

Judges

• Before HARRY PREGERSON, JOHN T. NOONAN and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kristen L. Boyles, Seattle, WA, for the appellant.


• For Appellees:
  
• Ronald J. Tenpas, Washington, D.C., for the appellee., Beth S. Ginsberg, Seattle, WA, for the intervenor-appellee Gowan Co., B. Weinberg, Washington, D.C., for the intervenor-appellee Makhteshim Agan of North America, Inc.