⚖ Oral Arguments, with Context

The Ninth Circuit hears Center for Food Safety v. EPA. Neonicotinoids are systemic insecticides often applied as coatings before seeds are planted. Under EPA's treated-article exemption, a coated seed avoids separate pesticide registration if the coating pesticide is registered for that seed use, sale and use follow the registered label, and claims concern protecting the seed or resulting plant. In 2017, Center for Food Safety and Pesticide Action Network asked EPA to exclude systemic-pesticide-treated seeds from the exemption and enforce separate registration and labeling. They say separate registration would require seed-specific data and enforceable directions; EPA and agricultural trade groups say EPA already evaluates the treated seed when registering the coating pesticide. EPA denied the petition in 2022, and the groups sued in 2023. The district court rejected their arbitrary-and-capricious claim and dismissed their separate claim that EPA lacked statutory authority to exempt the seeds, finding no subject-matter jurisdiction. This appeal concerns that dismissal and asks whether another FIFRA review path can address the claim.

Center for Food Safety v. EPA (No. 25-437) — U.S. Court of Appeals for the Ninth Circuit, argued September 17, 2026.