for Publication Center for Food Safety; Center for Biological Diversity v. Michael Regan

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FOR PUBLICATION
CENTER FOR FOOD SAFETY; CENTER
FOR BIOLOGICAL DIVERSITY,
Petitioners,
v.
MICHAEL REGAN, in his official capacity
as Administrator; U.S. ENVIRONMENTAL
PROTECTION AGENCY,
Respondents,
CORTEVA AGRISCIENCE LLC,
Respondent-Intervenor.
No. 19-72109
EPA No. 62719-625
Environmental Protection Agency
ORDER
POLLINATOR STEWARDSHIP
COUNCIL; et al.,
Petitioners,
v.
MICHAEL REGAN, in his official capacity
as Administrator; U.S. ENVIRONMENTAL
PROTECTION AGENCY,
Respondents,
CORTEVA AGRISCIENCE LLC,
No. 19-72280
EPA Nos. 62719-625
62719-623
62719-631
FILED
DEC 5 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
Respondent-Intervenor.
Before: O'SCANNLAIN, MILLER, and LEE, Circuit Judges.
Judges O’Scannlain and Lee voted to deny the petition for panel rehearing.
Judge Miller voted to grant the petition for panel rehearing. Judges Miller and Lee
voted, and Judge O’Scannlain recommended, to deny the petition for rehearing en
banc. The full court was advised of the petition for rehearing en banc. A judge of
the court requested a vote on en banc rehearing. The matter failed to receive a
majority of votes of non-recused active judges in favor of en banc consideration.
See Fed. R. App. P. 35. The petitions for panel rehearing and for rehearing en
banc, (19-72109 Dkt. No. 204; 19-72280 Dkt. No. 201), are DENIED. No further
petitions for rehearing or rehearing en banc will be entertained.
Respondents’ motions for clarification (19-72109 Dkt. No. 188; 19-72280
Dkt. No. 186) are DENIED.

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