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NATURAL RESOURCES DEFENSE COUNCIL v. U.S. E.P.A.

No. 09 Civ. 4317(DLC).

676 F.Supp.2d 307 (2009)

NATURAL RESOURCES DEFENSE COUNCIL and the Xerces Society, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant, Bayer CropScience LP, Defendant-Intervenor.

United States District Court, S.D. New York.

December 23, 2009.

Attorney(s) appearing for the Case

Aaron Colangelo, Natural Resources Defense Council, Washington, D.C., Nancy Marks, Mitchell Bernard, Natural Resources Defense Council, New York, NY, for Plaintiffs.

Jean-David Barnea, Assistant United States Attorney, New York, NY, for Defendant United States Environmental Protection Agency.

Daniel Krainin, Beveridge & Diamond, P.C., New York, NY, Anthony Michaels, David Barker, Beveridge & Diamond, P.C., Washington, DC, for Defendant-Intervenor Bayer CropScience LP.

OPINION & ORDER

DENISE COTE, District Judge:

The United States Environmental Protection Agency ("EPA" or "defendant") registered an insecticide in violation of its statutory duties to publish notice, invite public comment, and publish its registration decisions. This case presents the question of whether the EPA's registration should be vacated in light of these defects. It should be.

BACKGROUND

The Natural Resources Defense...

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