Center for Food Safety v. Environmental Protection Agency
- Susan Illston
- 3:23-cv-02714
- U.S. District Court · Northern District of California
- 1
In Center for Food Safety v. Environmental Protection Agency, Judge Illston requested supplemental briefs on subject-matter jurisdiction before the summary-judgment hearing.
The plaintiffs and the Environmental Protection Agency were required to submit supplemental briefs; the order did not rule on the other defendants or decide the claims.
What happened
Center for Food Safety and other plaintiffs sued the Environmental Protection Agency and other defendants. The court had scheduled a hearing on the parties’ competing requests for summary judgment for November 8, 2024.
The court asked the plaintiffs and the Environmental Protection Agency to address whether the district court has authority to hear the plaintiffs’ claims. The question concerns Ninth Circuit decisions interpreting what qualifies as a “public hearing” under 7 U.S.C. § 136n(b).
Judge Illston ordered the plaintiffs and the Environmental Protection Agency to file briefs of no more than 10 pages by October 18, 2024. The order requested briefing but did not decide the jurisdiction question or the summary-judgment motions.
The detailed version
- Center for Food Safety v. Environmental Protection Agency · No. 3:23-cv-02714
- Susan Illston
- Oct. 1, 2024
Background
The court stated that a hearing on the parties’ cross motions for summary judgment was scheduled for November 8, 2024. In preparation for that hearing, the court identified a question about whether it had subject-matter jurisdiction, meaning legal authority to hear the plaintiffs’ claims.
Requested briefing
The court asked the plaintiffs and defendant Environmental Protection Agency to submit supplemental briefs addressing whether, in light of Ninth Circuit precedent about what constitutes a “public hearing” under 7 U.S.C. § 136n(b), the district court has subject-matter jurisdiction. The court cited United Farm Workers of America, AFL-CIO v. Administrator, Environmental Protection Agency, 592 F.3d 1080, and Center for Biological Diversity v. Environmental Protection Agency, 847 F.3d 1075.
Order
Judge Susan Illston ordered the plaintiffs and the Environmental Protection Agency to file briefs no longer than 10 pages by Friday, October 18, 2024. This order requested supplemental briefing; it did not resolve the jurisdiction question or rule on the cross motions for summary judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.