Center for Biological Diversity v. U.S. Environmental Protection Agency

Although I agree with most of the majority opinion, I respectfully dissent from the conclusion reached in Part II.E that the category four sub-claims in the Second Amended Complaint (“SAC”), which challenge the approval of pesticide products by the Environmental Protection Agency (“EPA”), were not a collateral attack on the EPA’s prior approval of the pesticides in those products. The majority focuses on the distinct processes the EPA uses to approve pesticides and to approve pesticide products. However, the category four sub-claims, as pleaded, are an impermissible collateral attack because…