Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide cyantraniliprole. This effects determination was supposed to be issued before EPA registered the pesticide. Unfortunately, EPA did not do so. Moreover, EPA acknowledged that it routinely registered pesticides without performing the required effects determination.… More
Tag Archives: FIFRA
Court Orders EPA to Ban Chlorpyrifos: No Escaping Jurisdiction After 10 Years of Delay
Last week, the 9th Circuit Court of Appeals ordered EPA to revoke all tolerances for chlorpyrifos within 60 days. It’s another fairly devastating indictment of the Trump administration.
First of all, the merits were pretty clear. Clear enough that the administration did not attempt to defend the case on the merits! The statutory language requires EPA to ban pesticides from use on food products unless:
There is a reasonable certainty that no harm will result from aggregate exposure to the pesticide.… More
Hoist on Its Own Petard: The Ninth Circuit Reverses EPA’s Approval of Nanosilver Pesticides in Textiles
Last week, the 9th Circuit Court of Appeals remanded EPA’s approval of two nanosilver pesticides for use in textiles. The case, NRDC v. EPA, is a fascinating application of the issue of “how safe is safe” and, in particular, how much conservatism must be applied to risk estimates when there is significant uncertainty in the analysis.
EPA sets the acceptable exposure to pesticides under FIFRA by determining the risk and then addressing uncertainties. … More