Case 1:20-cv-10645-LJL Document 35 Filed 12/28/20 Page 1 of 2
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`Plaintiffs,
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`Defendants.
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`12/28/2020
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`20-cv-10645 (LJL)
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`ORDER
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`RURAL & MIGRANT MINISTRY, ALIANZA
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`NACIONAL DE CAMPESINAS, EL COMITE DE
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`APOYO A LOS TRABAJADORES AGRÍCOLAS,
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`FARMWORKER ASSOCIATION OF FLORIDA,
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`MIGRANT CLINICIANS NETWORK, PINEROS Y
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`CAMPESINOS UNIDOS DEL NOROESTE, RURAL
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`COALITION, UNITED FARM WORKERS, and
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`UNITED FARM WORKERS FOUNDATION,
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`UNITED STATES ENVIRONMENTAL PROTECTION
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`AGENCY and ANDREW WHEELER,
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`LEWIS J. LIMAN, United States District Judge:
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`Upon reading Plaintiffs’ supporting Memorandum of Law; the supporting Declarations of
`Carrie Apfel and the exhibits annexed thereto; the sworn declarations of (1) Mily Treveino-
`Sauceda; (2) Nezahualcoyotl Xiuhtecutli; (3) William Jordan; (4) Amy Liebman; (5) Reyna
`Lopez; (6) Richard Witt; (7) Lorette Picciano; (8) Eriberto Fernandez; (9) Teresa Romero; and
`(10) Jessica Culley; the Government’s Memorandum of Law in Opposition to Motion for a
`Temporary Restraining Order, Preliminary Injunction, and Stay; the Government’s letter of
`December 26, 2020; the Plaintiffs’ letter of December 26, 2020; the pleadings and papers on file
`in this action; and the Court having heard oral argument on December 22, 2020, on the motion
`for a Temporary Restraining Order, Preliminary Injunction, and Stay; upon due deliberation; and
`for reasons to be elaborated in a forthcoming opinion, it is hereby ORDERED as follows:
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`1.
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`Pursuant to Fed. R. Civ. P. 65 and 5 U.S.C. § 705, and the Court having found
`that Plaintiffs have established on the papers before the Court (1) a substantial
`likelihood of success on their challenge to the Final Rule: Pesticides; Agricultural
`Worker Protection Standard; Revision of the Application Exclusion Zone
`Requirements, 85 Fed. Reg. 68,760-01 (Oct. 30, 2020) (“Final Rule”); (2)
`irreparable harm; (3) that the balance of hardships tip in their favor; and (4) that
`such relief is in the public interest, the effective date of the Final Rule is stayed
`for a period of 14 days, or until January 11, 2021, pending the Court’s
`consideration of Plaintiffs’ motion for a preliminary injunction and further stay of
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`Case 1:20-cv-10645-LJL Document 35 Filed 12/28/20 Page 2 of 2
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`the Final Rule. Defendants, the United States Environmental Protection Agency
`and Andrew Wheeler, Administrator of the United States Environmental
`Protection Agency, are enjoined and restrained from taking any action to make
`effective the Final Rule prior to January 11, 2021;
`The security requirement of Fed. R. Civ. P. 65(c) is waived because no costs or
`damages will flow from maintaining the status quo and because Defendants have
`not requested security;
`The Court will hold a hearing at 2:30 p.m. on January 8, 2021, as to whether the
`stay and restraining order should be continued and a preliminary injunction
`granted or alternatively whether the stay and restraining order should be lifted
`and/or modified. Parties should dial 1-888-251-2909 and use access code
`2123101;
`To permit further judicial review, the Government is ordered to file with the Court
`and serve on the parties the full administrative record no later than January 4,
`2021 at 5:00 p.m.;
`The parties may file memoranda and supporting declarations in support of or in
`opposition to the motion for a preliminary injunction and/or continuance of the
`stay by no later than January 6, 2021 at 5:00 p.m. The parties should indicate in
`those papers whether they intend to call witnesses at the January 8, 2021 hearing.
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`2.
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`3.
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`4.
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`5.
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`SO ORDERED.
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`Dated: December 28, 2020
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`New York, New York
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` __________________________________
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` LEWIS J. LIMAN
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` United States District Judge
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`2
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