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`UNITED STATES COURT OF APPEALS
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`FOR THE NINTH CIRCUIT
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`FILED
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`JUL 18 2022
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`MOLLY C. DWYER, CLERK
`U.S. COURT OF APPEALS
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` Petitioners,
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`No. 20-73146
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`EPA No.
`EPA-HQ-OPP-2018-0038-0040
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`
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`MEMORANDUM*
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`CENTER FOR BIOLOGICAL DIVERSITY;
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`CENTER FOR FOOD SAFETY,
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`
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` v.
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`U.S. ENVIRONMENTAL PROTECTION
`AGENCY,
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` Respondent,
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`
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`______________________________
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`VALENT U.S.A. LLC,
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`Intervenor.
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`On Petition for Review of an Order of the
`Environmental Protection Agency
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`Argued and Submitted July 7, 2022
`Portland, Oregon
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`Before: R. NELSON and LEE, Circuit Judges, and RAKOFF,** District Judge.
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`Petitioners Center for Biological Diversity (“CBD”) and Center for Food
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`
`*
` This disposition is not appropriate for publication and is not precedent
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`except as provided by Ninth Circuit Rule 36-3.
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`** The Honorable Jed S. Rakoff, United States District Judge for the
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`Southern District of New York, sitting by designation.
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`Safety challenge an order by the Environmental Protection Agency (“EPA”)
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`registering a new fungicide called inpyrfluxam.1 We have jurisdiction under 7
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`U.S.C. § 136n(b) and grant the petition in part, and remand to the EPA with
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`instructions.
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`Petitioners challenge the registration on various grounds, including EPA’s
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`failure to make an effects determination under § 7(a)(2) of the Endangered Species
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`Act and to consult with federal wildlife agencies. At oral argument, Petitioners
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`withdrew their request that the court vacate the registration and asked us to impose
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`on EPA a deadline to complete its effects determination and initiate consultation as
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`necessary. Intervenor Valent does not object to remand without vacatur or with a
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`deadline. EPA admits error and asks for a voluntary remand, without vacatur or a
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`deadline. EPA has represented to the court that it is on track to have a draft effects
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`determination by fall 2022 and a final effects determination by spring 2023.
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`We grant EPA’s request for a voluntary remand. We remand to EPA with a
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`deadline to complete its final effects determination for inpyrfluxam and
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`inpyrfluxam products and to initiate any required consultation with the wildlife
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`agencies by June 22, 2023.
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`The parties will bear their own costs.
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`1 CBD has associational standing, sufficient for the appeal to proceed. See Nat’l
`Fam. Farm Coal. v. EPA, 966 F.3d 893, 908 (9th Cir. 2020).
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`2
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`GRANTED IN PART AND REMANDED WITH INSTRUCTIONS.
`GRANTED IN PART AND REMANDED WITH INSTRUCTIONS.
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`3
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