Summary
finding vacatur appropriate when leaving in place an agency action risks more environmental harm than vacating it
Summary of this case from All. for the Wild Rockies v. U.S. Forest Serv.Opinion
No. 13–72346.
2015-09-10
POLLINATOR STEWARDSHIP COUNCIL; American Honey Producers Association; National Honey Bee Advisory Board; American Beekeeping Federation; Thomas R. Smith; Bret L. Adee; Jeffery S. Anderson, Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Bob Perciasepe, in his official capacity as acting administrator of the USEPA, Respondents, Dow Agrosciences LLC, Respondent–Intervenor.
Editor's Note: The opinion of the United States Court of Appeals, Ninth Circuit, in Pollinator Stewardship Council v. U.S. E.P.A., published in the advance sheet at this citation, 800 F.3d 1176, was withdrawn from the bound volume because it was amended and superseded on denial of rehearing Nov. 12, 2015. For superseding opinion, see 2015 WL 7003600.