National Family Farm Coalition v. Environmental Protection Agency, No. 17-70810 (9th Cir. 2020)Annotate this Case
Petitioners filed suit alleging that the EPA's decisions to register Enlist Duo—a pesticide designed to kill weeds on corn, soybean, and cotton fields—in 2014, 2015, and 2017, violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA).
After determining that the petitions for review were timely and that petitioners have Article III standing, the Ninth Circuit held that NRDC waived any argument that EPA applied the incorrect standard when it registered Enlist Duo in 2014. Even absent waiver, the panel held that the NRDC's argument that the EPA applied the wrong standard is not persuasive. The panel also held that, although the EPA concedes that it cited the wrong standard, any error is harmless because the standard for unconditional registration is higher, not lower, than the standard for conditional registration. Furthermore, the panel held that substantial evidence supports the EPA's factual findings for its 2014, 2015, and 2017 registration decisions. In regard to the ESA claims, the panel held that the EPA's "no effect" findings, decision about the scope of the "action area," and "critical habitat" determinations survive deferential review. Accordingly, the court denied NFFC's petition for review; granted in part and denied in part NRDC's petition for review; and remanded without vacatur.