United States Ninth Circuit

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Center for Biological Diversity v. US Environmental Protection Agency, 14-16977

In a citizen suit alleging that the U.S. Environmental Protection Agency violated the Endangered Species Act (ESA) when it registered certain pesticide active ingredients and pesticide products without undertaking consultation with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service, the district court's judgment is: 1) affirmed in part as to the dismissal of all category one, two and three sub-claims; and 2) reversed in part as to the dismissal of all category four sub-claims, which alleged that the EPA's approval of individual pesticide products was an agency action, where those claims were barred by the collateral attack doctrine.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/02


  • PAEZ


  • United States Ninth Circuit


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