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FOR PUBLICATION
`
`UNITED STATES COURT OF APPEALS
`
`FOR THE NINTH CIRCUIT
`
`
`FILED
`
`
`FEB 6 2019
`
`MOLLY C. DWYER, CLERK
`U.S. COURT OF APPEALS
`
`
`
`
`No. 17-71636
`
`
`ORDER
`
`LEAGUE OF UNITED LATIN
`AMERICAN CITIZENS; PESTICIDE
`ACTION NETWORK NORTH AMERICA;
`NATURAL RESOURCES DEFENSE
`COUNCIL; CALIFORNIA RURAL
`LEGAL ASSISTANCE FOUNDATION;
`FARMWORKERS ASSOCIATION OF
`FLORIDA; FARMWORKER JUSTICE
`GREENLATINOS; LABOR COUNCIL
`FOR LATIN AMERICAN
`ADVANCEMENT; LEARNING
`DISABILITIES ASSOCIATION OF
`AMERICA; NATIONAL HISPANIC
`MEDICAL ASSOCIATION; PINEROS Y
`CAMPESINOS UNIDOS DEL
`NOROESTE; UNITED FARM WORKERS,
`
`
`
`
`STATE OF NEW YORK; STATE OF
`MARYLAND; STATE OF VERMONT;
`STATE OF WASHINGTON;
`COMMONWEALTH OF
`MASSACHUSETTS; DISTRICT OF
`COLUMBIA; STATE OF CALIFORNIA;
`STATE OF HAWAII,
`
`
`
` v.
`
`
`
`
`
`
`
`
`
`
` Petitioners,
`
`
`
`
`
`
`
`
`
`Intervenors,
`
`
`
`
`
`
`
`

`

`ANDREW WHEELER, Acting
`Administrator of United States
`Environmental Protection Agency; U.S.
`ENVIRONMENTAL PROTECTION
`AGENCY,
`
`
`
`
`
`
`
`
`
` Respondents.
`
`
`THOMAS, Chief Judge:
`
`
`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.
`
`
`
`
`
`
`
`2
`
`
`
`

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