Pesticides

News & Analysis as of

Spray Drift and Volatilization: Issues to Navigate Carefully as EPA Develops Registration Review Decisions

Spray drift and volatilization issues increasingly are significant issues in pesticide product risk assessments. Earlier this year, the U.S. Environmental Protection Agency (EPA) issued drafts of key guidance documents, which...more

Wrap-Up of Federal and State Chemical Regulatory Developments (September 2014)

Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S....more

Judge Overturns Kauai County Pesticide and GMO Law

On August 25, the federal district court for Hawaii vacated Kauai County’s Ordinance 960, which imposed mandatory disclosure obligations regarding the use of certain pesticides and the cultivation of genetically modified...more

California Federal District Court Grants Partial Dismissal to Suit Alleging Violations of the Endangered Species Act

Earlier this month, a federal district court in California partially granted motions to dismiss a second amended complaint filed by the Center for Biological Diversity and the Pesticide Action Network alleging that the...more

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to...more

EPA Guidance on Pesticide Drift Will Affect Product Registrations

How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2014

Limited Space Still Available For Sustainable Futures Training Workshop: There are still spaces available for the Sustainable Futures Training workshop scheduled for August 5-7, 2014, at the George Washington University...more

NRDC Petitions EPA to Commence Special Review for Neonicotinoid Pesticides

On July 7, 2014, the Natural Resources Defense Council (NRDC) filed with the U.S. Environmental Protection Agency (EPA) a petition requesting that EPA commence a Special Review for the neonicotinoid pesticides, including six...more

EPA’s Enforcement Efforts Regarding FIFRA Supplemental Distribution and How to Avoid Noncompliance

Under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 3(e), a registrant may distribute or sell its registered product under another person's name and address instead of (or in addition to) its own without...more

EPA Extols Pesticide Civil Penalty, but the Decision Could Be Problematic for Registrants and EPA

On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide manufacturer based in Milwaukee, WI, paid a $738,000 civil penalty for Federal Insecticide, Fungicide,...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2014

B&C® Creates TSCA Reform Online Hub: Bergeson & Campbell, P.C. (B&C®) has created an online hub for news, information, and commentary on Toxic Substances Control Act (TSCA) reform that is available at www.TSCAreform.org....more

Wrap-up of Federal Chemical Regulatory Developments for April 2014

EPA Makes TSCA Notifications Of Substantial Risk Amendable To Electronic Reporting: On March 19, 2014, the U.S. Environmental Protection Agency (EPA) announced that notifications of substantial risk under Section 8(e) of the...more

Oversight Of Pesticide Ingredients May Trigger A Duty To Consult Under The Endangered Species Act

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293, plaintiffs sued the Environmental Protection Agency (EPA), alleging that EPA’s oversight of pesticide ingredients, including trifluralin,...more

Federal Court Sends Conditional Registrations of Nanosilver Pesticides Back to EPA

Swiss company HeiQ Materials proposed to use new pesticides AGS-20 and AGS-20 (U) on manufactured textiles such as clothing, blankets, and carpet. Nanosilver is used in the pesticides to suppress microbes that cause odors and...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,...more

U.S. District Court Approves Settlement Requiring The U.S. Fish & Wildlife Service To Study The Impact Of Pesticides On The...

On November 4, 2013, the U.S. District Court for the Northern District of California approved a settlement agreement between the U.S. Fish & Wildlife Service (Service) and the Center for Biological Diversity (CBD) regarding...more

Proposed Right-To-Know Pesticide Legislation

House Bill 4841 was introduced in June by Michigan State Representative Jeff Irwin (D-Ann Arbor) that would allow residents to sign up and be notified when a commercial applicator sprays lawn or ornamental pesticides...more

Beverage, Pharma Producers Should Note Recent Settlement Of Pesticide Violations Under FIFRA

Beverage and pharma producers beware: The U.S. Environmental Protection Agency (EPA) recently has shown an interest in enforcing the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a law traditionally associated...more

National Research Council Recommends A Unified Approach To Assessing Risks To Endangered Species From Pesticides

The Environmental Protection Agency (EPA) is responsible for registering pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). ...more

U.S. District Court Dismisses ESA Section 7 Claims Brought Against The EPA

In Center for Biological Diversity v. Environmental Protection Agency, the United States District Court for the Northern District of California dismissed with leave to amend a suit alleging that the Environmental Protection...more

California Environmental Law and Policy Update - April 8, 2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

Fourth Circuit Strikes NMFS Biological Opinion Regarding Pesticide Registrations

In a unanimous panel decision, the United States Court of Appeals for the Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service (NMFS) regarding the effects of three pesticides on...more

Next Chapter In Decade-Long Dispute Over Pesticides And The ESA Scheduled For October 24th

Previously, we reported on the latest chapter in the decade-long dispute between environmental groups, federal agencies, and pesticide manufacturers over the impact of pesticides on the Pacific Northwest’s listed salmon...more

Environmental Groups Win Another Victory In Fight To Protect Pacific Northwest Salmonids From Pesticides

Last week, environmental advocacy groups celebrated a victory in a decade-long fight over the proper balance between agricultural and environmental interests in the Pacific Northwest. On October 1, in Northwest Coalition for...more

Agribusiness Alert: Minnesota Court of Appeals Allows Trespass Claim for Pesticide Drift

Pesticide overspray drift to a neighboring property in Minnesota may now qualify as a trespass, thanks to the Minnesota Court of Appeals’ recent decision in Johnson, et al., v. Paynesville Farmers Union Cooperative Oil Co.,...more

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