Center for Food Safety v. Environmental Protection Agency

— 1 — — 2 — — 3 — 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA — 6 — 7 CENTER FOR FOOD SAFETY, et al., Case No. 23-cv-02714-SI 8 Plaintiffs, REQUEST FOR SUPPLEMENTAL 9 v. BRIEFING 10 ENVIRONMENTAL PROTECTION 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 — 24 IT IS SO ORDERED. 25 || Dated: October 1, 2024 Sate MU tee 26 eS SUSAN ILLSTON 27 United States District Judge — 28 —