Center for Food Safety v. Environmental Protection Agency

Opinion

1 2 3 6 7 CENTER FOR FOOD SAFETY, et al., Case No. 23-cv-02714-SI 8 Plaintiffs, REQUEST FOR SUPPLEMENTAL 9 v. BRIEFING AGENCY, et al., Defendants. a 12

A hearing on the parties’ cross motions for summary judgment is scheduled for November

v 14 || 8, 2024. In anticipation of that hearing, the Court requests that plaintiffs and defendant

15 Environmental Protection Agency (“EPA”) file supplemental briefing that addresses the following Q 16 || issue: considering Ninth Circuit precedent regarding what constitutes a “public hearing” under 7

= 17 || U.S.C. § 136n(b), does the district court have subject matter jurisdiction to hear plaintiffs’ claims? 2 18 See, e.g., United Farm Workers of Am., AFL-CIO y. Adm'r, E.P.A., 592 F.3d 1080, 1082-84 (9th 19 Cir. 2010); Ctr. for Biological Diversity v. Env't Prot. Agency, 847 F.3d 1075, 1088-89 (9th Cir. 20 2017). 21 The Court instructs plaintiffs and defendant EPA to submit briefs no longer than 10 pages 22 addressing this question by Friday, October 18, 2024. 23 25 Dated: October 1, 2024 Sate MU tee 26 eS SUSAN ILLSTON 27 United States District Judge 28