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Court Dockets
United States Court of Appeals for the Ninth Circuit
Docket for Case #: 17-71636
Docket for Case #: 17-71636
LULAC, et al v. Andrew Wheeler, et al
DOCKET INFORMATION
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| Respondent, |
SCOTT PRUITT, Administrator of United States Environmental Protection Agency
Respondent,
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| Intervenor - Pending, |
STATE OF NEW YORK, ET AL.
Intervenor - Pending,
| |
| Amicus Curiae, |
DOW AGROSCIENCES LLC
Amicus Curiae,
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| Representation | |||
| Donald C. McLean Arent Fox, LLP 1717 K Street, NW Washington, DC 20006 Personal: 202-857-6469 [COR LD NTC Retained] | |||
| Amicus Curiae - Pending, |
MIGRANT CLINICIANS NETWORK
Amicus Curiae - Pending,
| |
| Amicus Curiae, |
HEALTH PROFESSIONAL ORGANIZATIONS
Amicus Curiae,
|
| |
| Representation | |||
| Shaun Goho Emmett Environmental Law and Policy Clinic 6 Everett St. Cambridge, MA 02138 [COR NTC Retained] | |||
| Amicus Curiae, |
HENRY WAXMAN
Amicus Curiae,
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| Representation | |||
| Susan Kraham, Senior Attorney Earthjustice 48 Wall Street 15th Floor New York, NY 10005 Personal: 212-284-8035 [COR NTC Retained] | |||
| Entry | Filed | Description | |
|---|---|---|---|
| BL-1 | Jun 5, 2017 | View | FILED PETITION FOR REVIEW. DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. NOTIFIED RESPONDENTS OF FILING. SEND MQ: Yes. Mediation Questionnaire due on 06/12/2017. Petitioner brief due 08/24/2017 for California Rural Legal Assistance Foundation, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, League of United Latin American Citizens, Learning Disabilities Association of America, National Hispanic Medical Association, Natural Resources Defense Council, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. Respondent brief due 09/25/2017 for Scott Pruitt and U.S. Environmental Protection Agency. Petitioner's optional reply brief is due 21 days after service of the answering brief. [10460406] (BY) |
| BL-2 | Jun 12, 2017 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Mediation Questionnaire. Date of service: 06/12/2017. [10469367] [17-71636] (Goldman, Patti) |
| BL-3 | Jun 12, 2017 | Request | Filed (ECF) notice of appearance of Erica Monique Zilioli for Respondents Scott Pruitt and USEPA. Date of service: 06/12/2017. [10469508] [17-71636] (Zilioli, Erica) |
| BL-4 | Jun 12, 2017 | Request | Attorney Jon Michael Lipshultz in 17-71636 substituted by Attorney Erica Monique Zilioli in 17-71636 [10469846] (RR) |
| BL-5 | Jul 5, 2017 | View | Filed (ECF) States of New York, Maryland, Vermont, Washington, the Commonwealth of Massachusetts, and the District of Columbia Motion to intervene. Date of service: 07/05/2017. [10497776] [17-71636] (Leary, Maureen) |
| BL-6 | Jul 5, 2017 | Request | Entered appearance of Intervenor - Pending State of New York, et al.. [10497943] (RR) |
| BL-7 | Jul 5, 2017 | Request | Entered appearance of Intervenor - Pending State of Maryland. [10498121] (RR) |
| BL-8 | Jul 5, 2017 | Request | Entered appearance of Intervenor - Pending State of Vermont. [10498146] (RR) |
| BL-9 | Jul 5, 2017 | Request | Entered appearance of Intervenor - Pending State of Washington. [10498179] (RR) |
| BL-10 | Jul 5, 2017 | Request | Entered appearance of Intervenor - Pending Commonwealth of Massachustees. [10498213] (RR) |
| BL-11 | Jul 5, 2017 | Request | Entered appearance of Intervenor - Pending District of Columbia. [10498230] (RR) |
| BL-12 | Jul 5, 2017 | Request | Intervenor - Pending State of New York, et al. (selected in error with the et. al.) in 17-71636 substituted by Intervenor - Pending State of New York in 17-71636 [10499206] (EU) |
| BL-13 | Jul 10, 2017 | Request | Filed (ECF) notice of appearance of Michael Ceja Martinez for Respondents Scott Pruitt and USEPA. Date of service: 07/10/2017. [10502622] [17-71636] (Martinez, Michael) |
| BL-14 | Jul 10, 2017 | Request | Added attorney Michael Ceja Martinez for Scott Pruitt USEPA, in case 17-71636. [10503581] (RR) |
| BL-15 | Jul 17, 2017 | View | Filed (ECF) Respondents Scott Pruitt and USEPA response to motion ( Motion (ECF Filing) motion to intervene). Date of service: 07/17/2017. [10510248] [17-71636] (Martinez, Michael) |
| BL-16 | Jul 21, 2017 | Request | Filed (ECF) Respondents Scott Pruitt and USEPA Joint Motion to extend time to file the agency record until 08/25/2017. Date of service: 07/21/2017. [10516605] [17-71636] (Zilioli, Erica) |
| BL-17 | Jul 21, 2017 | Request | Filed (ECF) Intervenor - Pending State of Maryland Correspondence: Request for correction of service list, addition of State of Maryland attorney C. Pierson and removal of attorney A. Baker.. Date of service: 07/21/2017 [10517466] [17-71636] (Leary, Maureen) |
| BL-18 | Jul 21, 2017 | Request | Added attorney Steven M. Sullivan for State of Maryland, in case 17-71636. [10517564] (RR) |
| BL-19 | Jul 21, 2017 | Request | Terminated Andrea S Baker for State of Maryland in 17-71636 [10517573] (RR) |
| BL-20 | Jul 24, 2017 | Request | Filed (ECF) Intervenor - Pending State of New York reply to response (). Date of service: 07/24/2017. [10519165] [17-71636] (Leary, Maureen) |
| BL-21 | Jul 31, 2017 | Request | Filed clerk order (Deputy Clerk: TSP): The joint motion for an extension of time to file the administrative record (Docket Entry No. ) is granted. The administrative record is now due August 25, 2017. [10527294] (WL) |
| BL-22 | Aug 2, 2017 | Request | Filed order MEDIATION (LW):The existing briefing schedule is VACATED. The following briefing schedule shall govern this appeal: Petitioners opening brief is due September 25, 2017; Respondents answering brief is due October 25, 2017; Petitioners optional reply brief is due within 21 days of service of the answering brief.[10531193] (KM) |
| BL-23 | Aug 21, 2017 | View | Filed (ECF) Respondents Scott Pruitt and USEPA Motion to dismiss the case, Motion to dismiss for lack of jurisdiction. Date of service: 08/21/2017. [10551956] [17-71636] (Zilioli, Erica) |
| BL-24 | Aug 21, 2017 | Request | Filed (ECF) Respondents Scott Pruitt and USEPA Joint Motion to extend time to file a response until 09/27/2017, Motion to extend time to file a reply until 10/31/2017. Date of service: 08/21/2017. [10552075] [17-71636] (Zilioli, Erica) |
| BL-25 | Aug 24, 2017 | Request | Filed clerk order (Deputy Clerk: ELF): The joint motion for extensions of time (Docket Entry No. ) is granted. The response to the pending motion to dismiss is due September 27, 2017. The reply in support of the motion to dismiss is due October 31, 2017. All other pending motions will be addressed by separate order. [10556413] (WL) |
| BL-26 | Aug 30, 2017 | Request | Filed (ECF) Intervenor - Pending State of Maryland Correspondence: Steven M. Sullivan. Date of service: 08/30/2017 [10564640] [17-71636] (Sullivan, Steven) |
| BL-27 | Aug 30, 2017 | Request | Terminated Claire Pierson for State of Maryland in 17-71636 [10564700] (RL) |
| BL-28 | Sep 27, 2017 | View | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers response opposing motion ( Motion (ECF Filing) motion to dismiss for lack of jurisdiction). Date of service: 09/27/2017. [10597137] [17-71636] (Goldman, Patti) |
| BL-29 | Oct 13, 2017 | Request | Filed (ECF) Petitioners Farmworker Justice GreenLatinos, CRLAF, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion to expedite case. Date of service: 10/13/2017. [10616935] [17-71636] (Ordonia, Marisa) |
| BL-30 | Oct 31, 2017 | View | Filed (ECF) Respondents Scott Pruitt and USEPA reply to response (motion to dismiss the case, motion to dismiss for lack of jurisdiction). Date of service: 10/31/2017. [10637836] [17-71636] (Martinez, Michael) |
| BL-31 | Dec 20, 2017 | View | Filed order (A. WALLACE TASHIMA, RICHARD A. PAEZ and SANDRA S. IKUTA) Petitioners request for oral argument on respondents motion to dismiss this petition for review for lack of jurisdiction is denied. Respondents motion to dismiss this petition for review for lack of jurisdiction (Docket Entry No. ) is granted. Petitioners opening brief is due January 23, 2018. Intervenors brief(s) are due February 6, 2018. Respondents answering brief is due March 8, 2018. Petitioners optional reply brief is due 28 days after service of respondents brief. Intervenors optional reply brief(s) are due 42 days after service of respondents brief. The provisions of Ninth Circuit Rule 31-2.2(a) shall not apply to this petition. The parties are reminded of the courts preference for joint briefing. See 9th Cir. R. 28-4. No streamlined extensions will be approved under Ninth Circuit Rule 31- 2.2(a). No written motions for extensions of time under Ninth Circuit Rule 31- 2.2(b) will be granted absent extraordinary and compelling circumstances. The Clerk shall calendar this case as soon as practicable upon completion of briefing. [10697152] (WL) |
| BL-32 | Dec 21, 2017 | Request | Filed (ECF) Respondents Scott Pruitt and USEPA agency certified list. Date of service: 12/21/2017 [10700342] [17-71636] (Zilioli, Erica) |
| BL-33 | Jan 8, 2018 | Request | MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [10716878] (LW) |
| BL-34 | Jan 18, 2018 | View | Filed (ECF) notice of appearance of Phillip Roark Dupre for Respondents Scott Pruitt and USEPA. Date of service: 01/18/2018. [10728802] [17-71636] (Dupre, Phillip) |
| BL-35 | Jan 18, 2018 | Request | Attorney Michael Ceja Martinez in 17-71636 substituted by Attorney Phillip Dupre in 17-71636 [10729071] (NAC) |
| BL-36 | Jan 18, 2018 | Request | Filed (ECF) Respondents Scott Pruitt and USEPA agency certified list. Date of service: 01/18/2018 [10729603] [17-71636] (Zilioli, Erica) |
| BL-37 | Jan 23, 2018 | View | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion for miscellaneous relief [Motion to Complete the Administrative Record Or, in the Alternative, to Consider Extra-Record Evidence]. Date of service: 01/23/2018. [10735079] [17-71636] (Goldman, Patti) |
| BL-38 | Jan 23, 2018 | View | Submitted (ECF) Opening Brief for review. Submitted by Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. Date of service: 01/23/2018. to accompany motion - 4/5/18 by SVG.] (Goldman, Patti) |
| BL-39 | Jan 23, 2018 | View | Submitted (ECF) excerpts of record. Submitted by Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. Date of service: 01/23/2018. [10735865] [17-71636] (Goldman, Patti) |
| BL-40 | Jan 24, 2018 | Request | Filed (ECF) Migrant Clinicians Network Motion to become amicus curiae, Motion to extend time to file amicus brief until 02/13/2018. Date of service: 01/24/2018. [10736415] [17-71636] (Goho, Shaun) |
| BL-41 | Jan 24, 2018 | View | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: . Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Congressman Henry Waxman. Date of service: 01/24/2018. [10736592] [17-71636] (Kraham, Susan) |
| BL-42 | Jan 24, 2018 | View | Filed (ECF) Congressman Henry Waxman Motion to extend time to file amicus brief until 02/13/2018, Motion to become amicus curiae. Date of service: 01/24/2018. [10736630] [17-71636] (Kraham, Susan) |
| BL-43 | Jan 25, 2018 | Request | ENTRY UPDATED. ORIGINAL TEXT: Entered appearance of Amicus Curiae - Pending. [10738513] Entered appearance of Amicus Curiae - Pending Migrant Clinicians Network. [10738513]--[Edited 01/25/2018 by RR] (RR) |
| BL-44 | Jan 25, 2018 | Request | Added attorney Shaun Goho for Migrant Clinicians Network, in case 17-71636. [10738528] (RR) |
| BL-45 | Jan 25, 2018 | Request | Entered appearance of Amicus Curiae - Pending Henry Waxman. [10738544] (RR) |
| BL-46 | Jan 31, 2018 | Request | Filed clerk order: The opening brief submitted by petitioners. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10745292] (KT) |
| BL-47 | Jan 31, 2018 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Amended Motion for miscellaneous relief [Amended Motion to Complete The Administrative Record Or, In the Alternative, To Consider Extra-Record Evidence]. Date of service: 01/31/2018. [10746844] [17-71636] (Goldman, Patti) |
| BL-48 | Feb 1, 2018 | Request | Filed (ECF) notice of appearance of Frederick A. Brodie for Intervenor State of New York. Date of service: 02/01/2018. [10747131] [17-71636] (Brodie, Frederick) |
| BL-49 | Feb 1, 2018 | Request | Added attorney Frederick A. Brodie for State of New York, in case 17-71636. [10748105] (NAC) |
| BL-50 | Feb 2, 2018 | Request | Filed (ECF) Respondents USEPA and Scott Pruitt response opposing motion ( Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 02/02/2018. [10749076] [17-71636] (Zilioli, Erica) |
| BL-51 | Feb 2, 2018 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion to assign case to prior panel. Date of service: 02/02/2018. [10749742] [17-71636] (Ordonia, Marisa) |
| BL-52 | Feb 5, 2018 | Request | Filed (ECF) notice of appearance of Andrea Oser for Intervenor State of New York. Date of service: 02/05/2018. [10751299] [17-71636] (Oser, Andrea) |
| BL-53 | Feb 5, 2018 | Request | Added attorney Andrea Oser for State of New York, in case 17-71636. [10752482] (NAC) |
| BL-54 | Feb 6, 2018 | Request | Filed (ECF) State of California, by and through Attorney General Xavier Becerra, and the State of Hawaii, by and through Acting Attorney General Russell A. Suzuki Motion to intervene. Date of service: 02/06/2018. [10753893] [17-71636] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 2/8/2018 by TYL] (Sato, Reed) |
| BL-55 | Feb 6, 2018 | View | Submitted (ECF) Intervenor Brief for review. Submitted by Intervenors Commonwealth of Massachustees, District of Columbia, State of Maryland, State of New York, State of Vermont and State of Washington. Date of service: 02/06/2016. [10754391] [17-71636] --[COURT UPDATE: Attached corrected brief and updated docket text to reflect correct brief type. 2/8/2018 by TYL] (Brodie, Frederick) |
| BL-56 | Feb 8, 2018 | Request | Filed 4 paper copies of excerpts of record in 9 volume(s) filed by Petitioners. [10756233] (KT) |
| BL-57 | Feb 8, 2018 | Request | Received 7 paper copies of Opening Brief filed by petitioners. [10756506] (DB) |
| BL-58 | Feb 8, 2018 | Request | Filed clerk order: The intervenor brief submitted by State of New York, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10756941] (KT) |
| BL-59 | Feb 8, 2018 | Request | Entered appearance of Intervenor - Pending State of California. [10757180] (RR) |
| BL-60 | Feb 8, 2018 | Request | Entered appearance of Intervenor - Pending State of Hawaii. [10757193] (RR) |
| BL-61 | Feb 9, 2018 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers reply to response (motion for miscellaneous relief (to be used only if no other relief applies), ). Date of service: 02/09/2018. [10758468] [17-71636] (Goldman, Patti) |
| BL-62 | Feb 12, 2018 | Request | Filed (ECF) Respondents Scott Pruitt and USEPA response to motion ( Motion (ECF Filing) motion to assign case to prior panel). Date of service: 02/12/2018. [10759424] [17-71636] (Zilioli, Erica) |
| BL-63 | Feb 13, 2018 | Request | Received 7 paper copies of Intervenor Brief filed by State of New York, et al. [10762003] (DB) |
| BL-64 | Feb 13, 2018 | Request | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Health Professional Organizations (Migrant Clinicians Network et al.). Date of service: 02/13/2018. [10762600] [17-71636] (Goho, Shaun) |
| BL-65 | Feb 13, 2018 | Request | Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Congressman Henry Waxman. Date of service: 02/13/2018. [10762889] [17-71636]--[COURT UPDATE: Attached corrected PDF of brief. 02/22/2018 by RY] (Kraham, Susan) |
| BL-66 | Feb 13, 2018 | Request | Amicus Curiae - Pending Migrant Clinicians Network substituted by Amicus Curiae - Pending Health Professional Organizations. [10878297] (KT) |
| BL-67 | Feb 16, 2018 | Request | COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: . Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Henry Waxman. Date of service: 02/16/2018. [10766566] [17-71636] (Kraham, Susan) |
| BL-68 | Feb 26, 2018 | View | Terminated Maureen Frances Leary for State of New York in 17-71636 (due to incorrect ECF account information). [10776466] (SLM) |
| BL-69 | Mar 6, 2018 | Request | Filed order (Appellate Commissioner): The court has received the motion requesting assignment of this appeal to the panel that decided In re Pesticide Action Network North America, 863 F.3d 1131 (9th Cir. 2017). That panel has declined to accept this appeal, and the motion is denied (Docket Entry No. ) are referred to the panel assigned to decide the merits of this appeal for whatever consideration the panel deems appropriate. The previously established briefing schedule remains in effect. (MOATT) [10787612] (HC) |
| BL-70 | Mar 8, 2018 | View | Submitted (ECF) Answering Brief for review. Submitted by Respondents USEPA and Scott Pruitt. Date of service: 03/08/2018. [10791171] [17-71636]--[COURT UPDATE: Attached corrected brief. 03/09/2018 by SLM] (Dupre, Phillip) |
| BL-71 | Mar 12, 2018 | Request | Filed clerk order: The answering brief submitted by Scott Pruitt and USEPA is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10793972] (KT) |
| BL-72 | Mar 14, 2018 | Request | Received 7 paper copies of Answering Brief filed by Scott Pruitt and USEPA. [10798502] (DB) |
| BL-73 | Mar 15, 2018 | View | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Dow AgroSciences LLC. Date of service: 03/15/2018. [10800126] [17-71636] (McLean, Donald) |
| BL-74 | Mar 16, 2018 | Request | Entered appearance of Amicus Curiae - Pending Dow Agrosciences LLC. [10802133] (KT) |
| BL-75 | Mar 16, 2018 | Request | Submitted (ECF) excerpts of record. Submitted by Amicus Curiae - Pending Dow Agrosciences LLC. Date of service: 03/16/2018. [10802390]--[COURT ENTERED FILING.] (RY) |
| BL-76 | Mar 20, 2018 | Request | Filed clerk order (Deputy Clerk: GS): Motion (ECF Filing) is referred to panel.; Motion (ECF Filing) motion to become amicus is referred to panel. The current briefing schedule remains in effect. (see attached PDF for complete order addressing Dkt No. 72) [10805488] (GS) |
| BL-77 | Mar 20, 2018 | Request | Filed (ECF) notice of appearance of Wade H. Hargrove III for Intervenor State of Hawaii. Date of service: 03/20/2018. [10806441] [17-71636] (Hargrove, Wade) |
| BL-78 | Mar 21, 2018 | Request | Attorney Ewan Christopher Rayner in 17-71636 substituted by Attorney Wade Hampton Hargrove III in 17-71636 [10807453] (RR) |
| BL-79 | Mar 23, 2018 | Request | Received 7 paper copies of Amicus Brief filed by Dow Agrosciences LLC. [10810578] (DB) |
| BL-80 | Mar 23, 2018 | Request | ENTRY UPDATED. Received Amicus Curiae - Pending Dow Agrosciences LLC 4 copies excerpts of record in 3 volumes. Deficiencies: Motion to become amicus pending. (sent to records). [10810673] [10810673]--[Edited 03/23/2018 by KT corrected docket text to reflect correct number of volumes] (KT) |
| BL-81 | Mar 26, 2018 | Request | This case is being considered for an upcoming oral argument calendar in Seattle<br><br>Please review the Seattle sitting dates for July 2018 and the two subsequent sitting months in that location at <a href="http://www.ca9.uscourts.gov/court_sessions" >http://www.ca9.uscourts.gov/court_sessions</a>. If you have an unavoidable conflict on any of the dates, please inform the court <i>within 3 days of this notice</i>, using CM/ECF (<b>Type of Document</b>: File Correspondence to Court; <b>Subject</b>: regarding availability for oral argument).<br><br>When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.<br><br>If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter <i>within 3 days of this notice</i>, using CM/ECF (<b>Type of Document</b>: File Correspondence to Court; <b>Subject</b>: request for mediation).[10812233] (AW) |
| BL-82 | Mar 26, 2018 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Correspondence: Regarding availability for oral argument. Date of service: 03/26/2018 [10812999] [17-71636] (Goldman, Patti) |
| BL-83 | Mar 27, 2018 | Request | Filed (ECF) Respondents Scott Pruitt and USEPA Correspondence: regarding availability for oral argument. Date of service: 03/27/2018 [10813759] [17-71636] (Zilioli, Erica) |
| BL-84 | Mar 27, 2018 | Request | Filed (ECF) Intervenor State of New York Correspondence: regarding availability for oral argument. Date of service: 03/27/2018 [10814160] [17-71636] (Brodie, Frederick) |
| BL-85 | Apr 5, 2018 | View | Submitted (ECF) Reply Brief for review. Submitted by Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America and Pineros Y Campesinos Unidos Del Noroeste. Date of service: 04/05/2018. [10825893] [17-71636] (Goldman, Patti) |
| BL-86 | Apr 5, 2018 | Request | Filed clerk order: The reply brief submitted by petitioners is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10826152] (SML) |
| BL-87 | Apr 11, 2018 | Request | Received 7 paper copies of Reply Brief filed by petitioners. [10833104] (DB) |
| BL-88 | Apr 18, 2018 | View | Submitted (ECF) Reply Brief for review. Submitted by Intervenors State of New York, State of California, State of Hawaii, State of Maryland, Commonwealth of Massachustees, State of Vermont, State of Washington and District of Columbia. Date of service: 04/18/2018. [10840757] [17-71636] (Brodie, Frederick) |
| BL-89 | Apr 18, 2018 | Request | Filed clerk order: The intervenor reply brief submitted by State of New York, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10841171] (KT) |
| BL-90 | Apr 19, 2018 | Request | Received 7 paper copies of intervenor reply brief filed by State of New York, et al. (sent to panel). [10843061] (DB) |
| BL-91 | Apr 30, 2018 | Request | Notice of Oral Argument on Monday, July 9, 2018 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Seattle WA.<br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=17-80253"><b>here</b></a>.<br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).<br><br>When you have reviewed the calendar, download the <a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE form</a>, complete the form, and file it via Appellate ECF or return the completed form to: SEATTLE Office.<br>[10854892] (SB) |
| BL-92 | May 1, 2018 | Request | UPDATED Notice of Oral Argument on Monday, July 9, 2018 - 09:00 A.M. - SE 7th Flr Courtroom 2 - Seattle WA.<br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=17-71636"><b>here</b></a>.<br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).<br><br>When you have reviewed the calendar, download the <a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE form</a>, complete the form, and file it via Appellate ECF or return the completed form to: SEATTLE Office.<br>[10857277] (SB) |
| BL-93 | May 4, 2018 | Request | Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Frederick A. Brodie for Intervenor State of New York. [10862246] [17-71636] (Brodie, Frederick) |
| BL-94 | May 4, 2018 | Request | Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Patti A. Goldman for Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. [10862719] [17-71636] (Goldman, Patti) |
| BL-95 | May 7, 2018 | Request | Filed (ECF) Acknowledgment of hearing notice. Location: Seattle. Filed by Attorney Mr. Phillip Dupre for Respondents Scott Pruitt and USEPA. [10862977] [17-71636] (Dupre, Phillip) |
| BL-96 | May 8, 2018 | Request | Filed (ECF) notice of appearance of Karen Ruth Kaufmann for Intervenor State of New York. Date of service: 05/08/2018. [10864829] [17-71636] (Kaufmann, Karen) |
| BL-97 | May 8, 2018 | Request | Added attorney Karen Ruth Kaufmann for State of New York, in case 17-71636. [10865303] (NAC) |
| BL-98 | May 18, 2018 | Request | Filed clerk order (Deputy Clerk: WL): The February 13, 2018, motion of Congressman Henry Waxman to file an amicus curiae brief, and the motion to extend time to allow filing on that date are GRANTED. The February 13, 2018, motion of Health Professional Organizations to file an amicus curiae brief, and the motion to extend time to allow filing on that date are GRANTED. The March 15, 2018, motion of Dow Agrocsciences LLC to file an amicus curiae brief is GRANTED. [10878147] (WL) |
| BL-99 | May 18, 2018 | Request | Filed clerk order: The amicus brief submitted by Henry Waxman is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10878382] (KT) |
| BL-100 | May 18, 2018 | Request | Filed clerk order: The amicus brief submitted by Health Professional Organizations is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10878391] (KT) |
| BL-101 | May 18, 2018 | Request | Filed clerk order: The amicus brief submitted by Dow Agrosciences LLC is filed. No additional paper copies of the brief are required. [10878405] --[Edited 02/13/2019 by KT to reflect filing of excerpts]--[Edited: removed duplicate PDF of order. 02/13/2019 by SLM] (KT) |
| BL-102 | May 22, 2018 | Request | Received 7 paper copies of Amicus Brief filed by Henry Waxman (sent to panel). [10881745] (DB) |
| BL-103 | May 24, 2018 | Request | Received 7 paper copies of Amicus Brief filed by Health Professional Organizations (sent to panel). [10885121] (DB) |
| BL-104 | Jul 3, 2018 | View | Filed (ECF) Intervenors State of New York, State of California, District of Columbia, State of Hawaii, State of Maryland, Commonwealth of Massachustees, State of Vermont and State of Washington citation of supplemental authorities. Date of service: 07/03/2018. [10930731] [17-71636] (Brodie, Frederick) |
| BL-105 | Jul 3, 2018 | Request | Filed clerk order (Deputy Clerk: PA): Earthjustice applied to video/audio record for later broadcast and photograph with still camera, the case captioned above, scheduled to be heard at the William K. Nakamura Courthouse, Seattle, WA on Monday, July 9, 2018. Earthjustices request is DENIED. ) [10931338] (PA) |
| BL-106 | Jul 6, 2018 | Request | Filed (ECF) Petitioners LULAC, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste, United Farm Workers and CRLAF citation of supplemental authorities. Date of service: 07/06/2018. [10933323] [17-71636] (Goldman, Patti) |
| BL-107 | Jul 9, 2018 | Request | ARGUED AND SUBMITTED TO FERDINAND F. FERNANDEZ, JACQUELINE H. NGUYEN and JED S. RAKOFF. [10935200] (SB) |
| BL-108 | Jul 9, 2018 | View | Filed Audio recording of oral argument.<br> <b>Note:</b> Video recordings of public argument calendars are available on the Court's website, at <a href="http://www.ca9.uscourts.gov/media/">http://www.ca9.uscourts.gov/media/</a><br>[10937256] (SB) |
| BL-109 | Aug 2, 2018 | View | Filed order (FERDINAND F. FERNANDEZ, JACQUELINE H. NGUYEN and JED S. RAKOFF) Petitioners Motion and Amended Motion to Complete the Administrative Record Or, in Alternative, to Consider Extra-Record Evidence are DENIED AS MOOT. [10964557] (WL) |
| BL-110 | Aug 9, 2018 | Request | Deleted Duplicate Entry. Entered in error. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: . Original Text: Filed order (FERDINAND F. FERNANDEZ, JACQUELINE H. NGUYEN and JED S. RAKOFF) Petitioners Motion and Amended Motion to Complete the Administrative Record Or, in Alternative, to Consider Extra-Record Evidence are DENIED AS MOOT. [10971119] (RMM) |
| BL-111 | Aug 9, 2018 | View | FILED OPINION (FERDINAND F. FERNANDEZ, JACQUELINE H. NGUYEN and JED S. RAKOFF) Accordingly, we GRANT the petition for review. The EPAs 2017 Order maintaining chlorpyrifos is VACATED, and the case is remanded to the EPA with directions to revoke all tolerances and cancel all registrations for chlorpyrifos within 60 days. Judge: FFF Dissenting, Judge: JSR Authoring. FILED AND ENTERED JUDGMENT. [10971132] (RMM) |
| BL-112 | Aug 9, 2018 | Request | Respondent Scott Pruitt in 17-71636 substituted by Respondent Andrew Wheeler in 17-71636 [10971154] (TYL) |
| BL-113 | Aug 21, 2018 | Request | Filed (ECF) Respondents USEPA and Andrew Wheeler Motion for miscellaneous relief [to clarify August 9, 2018 opinion]. Date of service: 08/21/2018. [10983079] [17-71636] (Zilioli, Erica) |
| BL-114 | Aug 22, 2018 | Request | Filed order (FERDINAND F. FERNANDEZ, JACQUELINE H. NGUYEN and JED S. RAKOFF) The governments motion to clarify is granted. The 60-day period to revoke all tolerances and cancel all registrations for chlorpyrifos, League of United Latin Am. Citizens v. Wheeler, No. 17-71636, slip op. at 32 (9th Cir. Aug. 9, 2018), will commence upon the issuance of the mandate. See Fed. R. App. P. 41(c); In re Thorp, 655 F.2d 997, 998 (9th Cir. 1981) (explaining that the forum that issued the decision under review generally is divested of authority to proceed further with respect to such matters . . . until the mandate has been issued by the court of appeals). [10986457] (OC) |
| BL-115 | Sep 24, 2018 | View | Filed (ECF) Respondents USEPA and Andrew Wheeler petition for panel rehearing and petition for rehearing en banc (from 08/09/2018 opinion). Date of service: 09/24/2018. [11023004] [17-71636]--[COURT UPDATE: Removed excess pages from memorandum (post-judgment forms). 09/24/2018 by RY] (Dupre, Phillip) |
| BL-116 | Sep 25, 2018 | Request | Filed order (FERDINAND F. FERNANDEZ, JACQUELINE H. NGUYEN and JED S. RAKOFF): Petitioners are directed to file a response to the petition for en banc and panel rehearing filed with this court on September 24, 2018 (docket entry no. ). The response shall not exceed 15 pages or 4,200 words, and shall be filed within 21 days of the date of this order. Parties who are registered for Appellate ECF must file the response electronically without submission of paper copies. Parties who are not registered Appellate ECF filers must file the original response. [11025370] (AF) |
| BL-117 | Oct 3, 2018 | Request | Filed (ECF) notice of appearance of Christopher Landau, P.C. for Amicus Curiae Dow Agrosciences LLC. Date of service: 10/03/2018. [11034648] [17-71636] (Landau, Christopher) |
| BL-118 | Oct 4, 2018 | Request | Added attorney Christopher Landau for Dow Agrosciences LLC, in case 17-71636. [11034733] (CW) |
| BL-119 | Oct 4, 2018 | View | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Agribusiness Council of Indiana Agricultural Retailers Association Almond Alliance of California American Farm Bureau Federation AmericanHort American Seed Trade Association American Soybean Association American Sugarbeet Growers Association Beet Sugar Development Foundation California Alfalfa & Forage Association California Citrus Mutual California Cotton Ginners and Growers Association California Fresh Fruit Association California Specialty Crops Council Cranberry Institute Minnesota Soybean Growers Association National Agricultural Aviation Association National Association of Wheat Growers National Corn Growers Association National Cotton Council National Sorghum Producers Northwest Horticultural Council Oregonians for Food & Shelter Washington Friends of Farms & Forests Western Agricultural Processors Association Western Growers Western Plant Health Association Wyoming Agricultural Business Association. Date of service: 10/04/2018. [11035693] [17-71636] (Chung, David) |
| BL-120 | Oct 4, 2018 | Request | Entered appearance of Amici Curiae - Pending Agribusiness Council of Indiana, Agricultural Retailers Association, Almond Alliance of California, American Farm Bureau Federation, AmericanHort, American Seed Trade Association, American Soybean Association, American Sugarbeet Growers Association, Beet Sugar Development Foundation, California Alfalfa & Forage Association, California Citrus Mutual, California Cotton Ginners and Growers Association, California Fresh Fruit Association, California Specialty Crops Council, Cranberry Institute, Minnesota Soybean Growers Association, National Agricultural Aviation Association, National Association of Wheat Growers, National Corn Growers Association, National Cotton Council National Sorghum Producers, Northwest Horticultural Council, Oregonians for Food & Shelter, Washington Friends of Farms & Forests, Western Agricultural Processors Association, Western Growers, Western Plant Health Association, and Wyoming Agricultural Business Association. [11035815] (KT) |
| BL-121 | Oct 4, 2018 | Request | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: . Original Text: Filed (ECF) CropLife America Motion to become amicus curiae. Date of service: 10/04/2018. [11036243] [17-71636] (Szmuszkovicz, Kathryn) |
| BL-122 | Oct 4, 2018 | Request | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: . Original Text: Filed (ECF) Dow AgroSciences LLC Motion to become amicus curiae. Date of service: 10/04/2018. [11036252] [17-71636] (Landau, Christopher) |
| BL-123 | Oct 4, 2018 | View | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by CropLife America. Date of service: 10/04/2018. [11036605] --[COURT ENTERED FILING to correct entry [121] .] (TYL) |
| BL-124 | Oct 4, 2018 | View | Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Dow AgroSciences LLC. Date of service: 10/04/2018. [11036616] --[COURT ENTERED FILING to correct entry [122] .] (TYL) |
| BL-125 | Oct 5, 2018 | Request | Entered appearance of Amicus Curiae - Pending CropLife America. [11037083] (KT) |
| BL-126 | Oct 15, 2018 | View | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Motion and brief refiled using correct filing types in Entry: Motion (ECF Filing) motion to become amicus). Date of service: 10/15/2018. [11047390] [17-71636] (Goldman, Patti) |
| BL-127 | Oct 15, 2018 | View | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Motion and brief refiled using correct filing type in Entry: Motion (ECF Filing)). Date of service: 10/15/2018. [11047404] [17-71636] (Goldman, Patti) |
| BL-128 | Oct 15, 2018 | View | COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Motion and brief refiled using correct filing types in Entry: Motion (ECF Filing) motion to become amicus). Date of service: 10/15/2018. [11047492] [17-71636] (Goldman, Patti) |
| BL-129 | Oct 15, 2018 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion to file supplemental brief. Date of service: 10/15/2018. [11048755]--[COURT ENTERED FILING to correct entry [126].]--[Edited: attached corrected PDF of motion. 11/02/2018 by RY] (RY) |
| BL-130 | Oct 15, 2018 | Request | Submitted (ECF) Supplemental Brief for review. Submitted by Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. Date of service: 10/15/2018. [11048782]--[COURT ENTERED FILING to correct entry [126].] (RY) |
| BL-131 | Oct 15, 2018 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion to file supplemental brief. Includes supplemental brief. Date of service: 10/15/2018. [11048798]--[COURT ENTERED FILING to correct entry [127].] (RY) |
| BL-132 | Oct 15, 2018 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion to file supplemental brief. Date of service: 10/15/2018. [11048813]--[COURT ENTERED FILING to correct entry [128].] (RY) |
| BL-133 | Oct 15, 2018 | Request | Submitted (ECF) Supplemental Brief for review. Submitted by Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. Date of service: 10/15/2018. [11048823]--[COURT ENTERED FILING to correct entry [128].] (RY) |
| BL-134 | Oct 15, 2018 | Request | Submitted (ECF) Supplemental Brief for review. Submitted by Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. Date of service: 10/15/2018. [11048875]--[COURT ENTERED FILING to correct entry [127].] (RY) |
| BL-135 | Oct 16, 2018 | View | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers response to Combo PFR Panel and En Banc (ECF Filing), Combo PFR Panel and En Banc (ECF Filing). Date of service: 10/16/2018. [11048622]. [17-71636] (Goldman, Patti) |
| BL-136 | Oct 18, 2018 | Request | Filed (ECF) Amicus Curiae - Pending Agribusiness Council of Indiana reply to response (). Date of service: 10/18/2018. [11052202] [17-71636] (Chung, David) |
| BL-137 | Oct 29, 2018 | Request | Filed (ECF) Respondents USEPA and Andrew Wheeler Motion for miscellaneous relief [motion for leave to file a reply to response for petition for panel rehearing and petition for rehearing en banc]. Date of service: 10/29/2018. [11064250] [17-71636]--[COURT UPDATE: Updated docket text to reflect content of filing. 10/29/2018 by SLM] (Dupre, Phillip) |
| BL-138 | Nov 13, 2018 | Request | Filed order (FERDINAND F. FERNANDEZ, JACQUELINE H. NGUYEN and JED S. RAKOFF) The motions for leave to file amicus briefs (docket entry nos. ) is denied. [11085760] (WL) |
| BL-139 | Nov 14, 2018 | Request | Filed clerk order: The amicus brief submitted by Agribusiness Council of Indiana, et al. is filed. No paper copies are required at this time. [11087575] (KT) |
| BL-140 | Nov 14, 2018 | View | Filed clerk order: The amicus brief submitted by CropLife America is filed. No paper copies are required at this time. [11087583] (KT) |
| BL-141 | Nov 14, 2018 | View | Filed clerk order: The amicus brief submitted by Dow Agrosciences LLC is filed. No paper copies are required at this time. [11087589] (KT) |
| BL-142 | Nov 14, 2018 | Request | Filed clerk order: The supplemental answering brief submitted by petitioners is filed. No paper copies are required at this time. [11087598] (KT) |
| BL-143 | Nov 14, 2018 | Request | Filed clerk order: The supplemental answering brief submitted by petitioners is filed. No paper copies are required at this time. [11087605] (KT) |
| BL-144 | Nov 14, 2018 | Request | Filed clerk order: The supplemental answering brief submitted by petitioners is filed. No paper copies are required at this time. [11087614] (KT) |
| BL-145 | Feb 6, 2019 | View | Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Berzon, Bybee and R. Nelson did not participate in the deliberations or vote in this case. [11181455] (RMM) |
| BL-146 | Feb 6, 2019 | View | Filed order (SIDNEY R. THOMAS): En banc oral argument will take place during the week of March 25, 2019, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (206) 224-2236. Within seven days from the date of this order, the parties shall forward to the Clerk of Court eighteen additional paper copies of the original briefs and ten additional paper copies of the excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for-Brief-in-Paper-Format.pdf. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [11181759] (AF) |
| BL-147 | Feb 11, 2019 | Request | Received 18 paper copies of Intervenor Brief filed by State of New York, et al. (sent to en banc court) [11185781] (KT) |
| BL-148 | Feb 11, 2019 | Request | Received 18 paper copies of Intervenor Reply Brief filed by State of New York, et al. (sent to en banc court) [11185790] (KT) |
| BL-149 | Feb 12, 2019 | Request | Received 18 paper copies of Amicus Brief filed by Health Professional Organizations. (sent to en banc court) [11187483] (KT) |
| BL-150 | Feb 12, 2019 | Request | Received 18 paper copies of Answering Brief filed by USEPA and Andrew Wheeler. (sent to en banc court) [11187562] (KT) |
| BL-151 | Feb 13, 2019 | Request | Received 18 paper copies of Amicus Brief filed by Dow Agrosciences LLC. (sent to en banc court) [11189439] (KT) |
| BL-152 | Feb 13, 2019 | Request | Received 10 paper copies of excerpts of record in 3 volume(s) filed by Amicus Curiae Dow Agrosciences LLC. (sent to en banc court) [11189445] (KT) |
| BL-153 | Feb 14, 2019 | Request | Received 18 paper copies of Opening Brief filed by petitioners. (sent to en banc court) [11190212] (KT) |
| BL-154 | Feb 14, 2019 | Request | Received 10 paper copies of excerpts of record in 9 volume(s) filed by Petitioners. (sent to en banc court) [11190216] (KT) |
| BL-155 | Feb 14, 2019 | Request | Received 18 paper copies of Reply Brief filed by petitioners. (sent to en banc court) [11190218] (KT) |
| BL-156 | Feb 14, 2019 | Request | Received 18 paper copies of Amicus Brief filed by Henry Waxman. (sent to en banc court) [11190220] (KT) |
| BL-157 | Feb 19, 2019 | Request | Filed order (SIDNEY R. THOMAS) Oral argument in this en banc case will be held at 2:30 p.m. on Tuesday, March 26, 2019, in Courtroom One of the James R. Browning Courthouse, located at 95 Seventh Street in San Francisco, California 94103. http://www.ca9.uscourts.gov/information/locations.php [11199820] (WL) |
| BL-158 | Feb 19, 2019 | Request | Notice of Oral Argument on Tuesday, March 26, 2019 - 2:30 P.M. - Courtroom 1 - San Francisco CA.<br><br>View the Oral Argument Calendar for your case <a href="http://www.ca9.uscourts.gov/calendar/view.php?caseno=17-71636"><b>here</b></a>.<br><br>Be sure to review the <a href="http://cdn.ca9.uscourts.gov/datastore/uploads/forms/hearing_notice/ntc_hear.pdf">GUIDELINES</a> for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).<br><br>If you are the specific attorney or self-represented party who will be arguing, use the <b><u><a href="http://www.ca9.uscourts.gov/calendar/info.php?view=Forms">ACKNOWLEDGMENT OF HEARING NOTICE</a></u></b> filing type in CM/ECF no later than 21 days before Tuesday, March 26, 2019. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11200215] (AW) |
| BL-159 | Mar 1, 2019 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Andrea Oser for Intervenor State of New York. Hearing in San Francisco on 03/26/2019 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 8.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/01/2019. [11213063] [17-71636] (Oser, Andrea) |
| BL-160 | Mar 4, 2019 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Patti A. Goldman for Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, LULAC, Learning Disabilities Association of America, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers. Hearing in San Francisco on 03/26/2019 at 2:30 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 22.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/04/2019. [11214499] [17-71636] (Goldman, Patti) |
| BL-161 | Mar 6, 2019 | Request | Filed (ECF) notice of appearance of Jonathan, Daniel, Brightbill for Respondents USEPA and Andrew Wheeler. Date of service: 03/06/2019. (Party previously proceeding without counsel: No) [11217419] [17-71636] (Brightbill, Jonathan) |
| BL-162 | Mar 6, 2019 | Request | Added attorney Jonathan D. Brightbill for Andrew Wheeler USEPA, in case 17-71636. [11217581] (NAC) |
| BL-163 | Mar 6, 2019 | Request | Filed (ECF) Acknowledgment of hearing notice by Attorney Jonathan D. Brightbill for Respondents USEPA and Andrew Wheeler. Hearing in San Francisco on 03/26/2019 at 2:30 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 30.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 03/06/2019. [11217734] [17-71636] (Brightbill, Jonathan) |
| BL-164 | Mar 11, 2019 | Request | Filed (ECF) Intervenor State of New York citation of supplemental authorities. Date of service: 03/11/2019. [11222494] [17-71636] (Brodie, Frederick) |
| BL-165 | Mar 13, 2019 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion for miscellaneous relief [Motion for Procedural Order to File Standing Declarations Submitted with Petitioners Opening Brief]. Date of service: 03/13/2019. [11226831] [17-71636] (Goldman, Patti) |
| BL-166 | Mar 15, 2019 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Unopposed Motion for miscellaneous relief [STIPULATED MOTION TO REFILE DKTS. 47-1, 47-2, 50, AND 61 FOR CONSIDERATION BY THE EN BANC PANEL]. Date of service: 03/15/2019. [11229228] [17-71636] (Goldman, Patti) |
| BL-167 | Mar 18, 2019 | Request | Filed (ECF) Respondents Andrew Wheeler and USEPA citation of supplemental authorities. Date of service: 03/18/2019. [11232118] [17-71636] (Brightbill, Jonathan) |
| BL-168 | Mar 18, 2019 | View | Filed order (SIDNEY R. THOMAS) The briefs, motions, and accompanying documents appearing at dockets are filed for consideration by the en banc Court. [11232554] (WL) |
| BL-169 | Mar 26, 2019 | Request | ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, M. MARGARET MCKEOWN, KIM MCLANE WARDLAW, RICHARD A. PAEZ, CARLOS T. BEA, MORGAN B. CHRISTEN, JACQUELINE H. NGUYEN, PAUL J. WATFORD, JOHN B. OWENS, MICHELLE T. FRIEDLAND and MARK J. BENNETT. [11243335] (WWP) |
| BL-170 | Mar 26, 2019 | Request | Filed Audio recording of oral argument.<br> <b>Note:</b> Video recordings of public argument calendars are available on the Court's website, at <a href="http://www.ca9.uscourts.gov/media/">http://www.ca9.uscourts.gov/media/</a><br>[11243540] (BJK) |
| BL-171 | Apr 19, 2019 | View | Order filed for PUBLICATION (SIDNEY R. THOMAS, M. MARGARET MCKEOWN, KIM MCLANE WARDLAW, RICHARD A. PAEZ, CARLOS T. BEA, MORGAN B. CHRISTEN, JACQUELINE H. NGUYEN, PAUL J. WATFORD, JOHN B. OWENS, MICHELLE T. FRIEDLAND and MARK J. BENNETT) In its opening brief, the League of United Latin American Citizens (LULAC) requested, as alternative relief, the issuance of a Writ of Mandamus. The Environmental Protection Agency (EPA) conceded at oral argument that we may consider LULACs request as a Petition for a Writ of Mandamus, and it had a full opportunity to respond. In view of the circumstances presented by the petition, we exercise our discretion to construe the opening brief as a request for mandamus relief. See Pub. Utils. Commn v. FERC, 814 F.2d 560, 562 (9th Cir. 1987) (construing premature petition for review as request for mandamus relief). Considering the history and chronology of this matter and the nature of the claims, we conclude mandamus is appropriate, and we hereby GRANT the Petition for a Writ of Mandamus. See Telecommunications Research & Action Center v. FCC, 750 F.2d 70, 7980 (D.C. Cir. 1984) (laying out criteria for mandamus relief); see also In re PANNA, 798 F.3d 809, 81314 (9th Cir. 2015) (applying the TRAC factors in earlier litigation related to this case). (SEE ORDER FOR FULL TEXT) At oral argument, EPA represented that it could issue a final decision with respect to petitioners objections within 90 days of an order issued by this court. EPA is hereby ordered to issue, no later than 90 days after the filing of this order, a full and final decision on LULACs objections pursuant to 21 U.S.C. 346a(g)(2)(C). Given this resolution, we need notand do notdecide any other issue urged by the parties. The en banc court shall retain jurisdiction over this and any related cases. PETITION GRANTED. [11269636] (RMM) |
| BL-172 | May 2, 2019 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers bill of costs (Form 10) in the amount of $3,822.30 USD. Date of service: 05/02/2019 [11285333] [17-71636] (Ordonia, Marisa) |
| BL-173 | May 3, 2019 | Request | Filed (ECF) Intervenor State of New York bill of costs (Form 10) in the amount of 317.20 USD. Date of service: 05/03/2019 [11286245] [17-71636] (Brodie, Frederick) |
| BL-174 | Jul 19, 2019 | View | Filed (ECF) Respondents USEPA and Andrew Wheeler Motion to dismiss for lack of jurisdiction. Date of service: 07/19/2019. [11369674] [17-71636] (Zilioli, Erica) |
| BL-175 | Jul 25, 2019 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Unopposed Motion to extend time to file a response until 08/08/2019. Date of service: 07/25/2019. [11376325] [17-71636] (Goldman, Patti) |
| BL-176 | Jul 26, 2019 | Request | Filed order (SIDNEY R. THOMAS, M. MARGARET MCKEOWN, KIM MCLANE WARDLAW, RICHARD A. PAEZ, CARLOS T. BEA, MORGAN B. CHRISTEN, JACQUELINE H. NGUYEN, PAUL J. WATFORD, JOHN B. OWENS, MICHELLE T. FRIEDLAND and MARK J. BENNETT) Petitioners Unopposed Motion to Extend the Deadlines on Respondents Motion to Dismiss is GRANTED. [11377713] (WL) |
| BL-177 | Aug 8, 2019 | View | Filed (ECF) Intervenor State of New York Motion to consolidate cases 17-71636 and 19-71982 and Response opposing motion ( Motion (ECF Filing) motion to dismiss for lack of jurisdiction). Date of service: 08/08/2018. [11390813] [17-71636] (Brodie, Frederick) |
| BL-178 | Aug 8, 2019 | View | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Motion for miscellaneous relief Motion (ECF Filing)). Date of service: 08/08/2019. [11391811] [17-71636] (Goldman, Patti) |
| BL-179 | Aug 8, 2019 | Request | Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Christopher Landau for Amicus Curiae Dow Agrosciences LLC. Party proceeding without counsel: No. Date of service: 08/08/2019. [11392013] [17-71636] (Landau, Christopher) |
| BL-180 | Aug 9, 2019 | Request | Terminated Christopher Landau for Dow Agrosciences LLC in 17-71636 [11392206] (JFF) |
| BL-181 | Aug 16, 2019 | View | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers Application for Fees and Other Expenses Under the Equal Access to Justice Act (Form AO 291) Motion for attorney fees in the amount of $401,376.38. Date of service: 08/16/2019. [11400238] [17-71636] (Ordonia, Marisa) |
| BL-182 | Aug 22, 2019 | View | Filed (ECF) Respondents USEPA and Andrew Wheeler reply to response (). Date of service: 08/22/2019. [11406339] [17-71636] (Dupre, Phillip) |
| BL-183 | Aug 26, 2019 | Request | Filed (ECF) Respondents USEPA and Andrew Wheeler Unopposed Motion for miscellaneous relief [Extension of time to respond to petition for attorney's fees until after the Court rules on Petitioners' motion to stay the fees matter]. Date of service: 08/26/2019. [11409378] [17-71636] (Zilioli, Erica) |
| BL-184 | Aug 29, 2019 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers reply to response (). Date of service: 07/08/2019. [11414756] [17-71636] (Ordonia, Marisa) |
| BL-185 | Sep 3, 2019 | View | Filed (ECF) Intervenors State of New York, State of Maryland, State of Hawaii, State of California, State of Washington, State of Vermont, District of Columbia and Commonwealth of Massachusetts reply to response (motion to consolidate cases). Date of service: 09/03/2019. [11417926] [17-71636] (Brodie, Frederick) |
| BL-186 | Oct 16, 2019 | View | Filed Order for PUBLICATION (SIDNEY R. THOMAS, M. MARGARET MCKEOWN, KIM MCLANE WARDLAW, RICHARD A. PAEZ, CARLOS T. BEA, MORGAN B. CHRISTEN, JACQUELINE H. NGUYEN, PAUL J. WATFORD, JOHN B. OWENS, MICHELLE T. FRIEDLAND and MARK J. BENNETT) (Dissent by Judge Bea) We have been notified of the petitions filed in League of United Latin American Citizens v. Wheeler, No. 19-71979 (LULAC II), and New York v. Wheeler, No. 19-71982 (New York), and have voted to accept those cases as comeback cases. See Ninth Circuit General Order 3.6(b). Pursuant to our comeback procedures, see id., LULAC II and New York are REFERRED to the three-judge panel that heard League of United Latin American Citizens v. Wheeler, No. 17-71636 (LULAC I) for resolution on the merits. This en banc panel will retain jurisdiction over any subsequent en banc hearing arising out of any decision of the three-judge panel. Respondents Motion to Dismiss LULAC I (Case No. 17-71636, Dkt. No. 174) is GRANTED because EPAs issuance of the Final Order Denying Objections to March 2017 Petition Denial Order, 84 Fed. Reg. 35,555 (July 24, 2019) mooted the petition for review of the Order Denying PANNA and NRDCs Petition to Revoke Tolerances, 82 Fed. Reg. 16,581 (Apr. 5, 2017). Petitioners Cross-Motion for Leave to File Amended Petition for Review (Case No. 17-71636, Dkt. No. 178) and Intervenors Cross-Motion to Consolidate the Proceeding with a Newly-Filed Petition (Case No. 17-71636, Dkt. No. 177) are DENIED as MOOT. The Motion to Consolidate that was filed in New York (No. 19-71982, Dkt. No. 2), which seeks to consolidate all three cases, is DENIED as MOOT as to consolidation with LULAC I and GRANTED as to consolidation between LULAC II and New York. Petitioners Unopposed Motion to Correct Caption to Include GreenLatinos, which was filed in LULAC II (No. 19-71979, Dkt. No. 2), is GRANTED. [11465375] [17-71636, 19-71979, 19-71982] (AKM) |
| BL-187 | Oct 16, 2019 | Request | Filed text clerk order (Deputy Clerk: AKM): Petitioners' unopposed request for a stay of the petition for attorney's fees is granted. The petition for fees (Dkt. No. ) that its deadline to respond to the petition for attorney's fees be 30 days after Petitioners file any supplemental materials in support of the petition is granted. [11465395] (AKM) |
| BL-188 | Dec 13, 2019 | Request | Filed (ECF) Petitioners CRLAF, Farmworker Justice GreenLatinos, Farmworkers Association of Florida, Labor Council for Latin American Advancement, Learning Disabilities Association of America, LULAC, NHMA, NRDC, Pesticide Action Network North America, Pineros Y Campesinos Unidos Del Noroeste and United Farm Workers status report (as required by Court order dated 12/13/2019). Date of service: 12/13/2019 [11532150] [17-71636] (Ordonia, Marisa) |
| BL-189 | Jan 12, 2021 | Request | Terminated Karen Ruth Kaufmann for State of New York in 17-71636 (due to incorrect ECF contact information) [11960555] (RY) |
| BL-190 | Jan 29, 2021 | Request | Terminated Jonathan Brightbill for Andrew Wheeler and USEPA in 17-71636 (due to incorrect ECF contact information) [11986145] (RY) |
| BL-191 | Apr 27, 2022 | Request | MANDATE ISSUED.(SRT, MMM, KMW, RAP, CTB, MBC, JHN, PJW, JBO, MTF and MJB) [12432919] (HH) |