Courthouse News published the above-titled article, which reads in part as follows:

“An en banc panel of the Ninth Circuit appeared reluctant to uphold a three-judge panel August decision requiring the Environmental Protection Agency to ban pesticide chlorpyrifos over potential jurisdictional issues during a hearing held in San Francisco on Tuesday.

‘You don’t have an order on your objections and you are asking us to get to the merits even though there has been no ruling on your objections,’ said Circuit Judge Richard Paez — one of 11 judges to sit on the panel.

Paez was addressing Patty Goldman, the Earthjustice attorney arguing for The League of United Latin American Citizens.

Goldman and a coalition of states, led by New York, are asking the court to order the EPA to rule that chlorpyrifos, a widely used pesticide, is dangerous for human consumption and should be banned as a result. The Trump administration argued that the League should have taken their objections to federal court first, but skipped that crucial step and went straight to the appellate court.”

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