ELR Citation: ELR 20022
No(s). 08-35528 (9th Cir. Jan 22, 2010)

The Ninth Circuit affirmed a lower court decision that it lacked jurisdiction over an action challenging an EPA order permitting certain uses of the pesticide Azinphos-Methyl. The cardinal condition for district court jurisdiction under FIFRA §16(a) is that the Administrator of EPA had made a decision "not following a hearing." If a hearing has been held, no jurisdiction exists in the district court. Here, the Administrator did hold a hearing. Accordingly, review should have been sought before the appellate courts under FIFRA §16(b). Unfortunately, the appeal was filed after the statute's 60-day deadline passed.