Pesticides

News & Analysis as of

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2017

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a...more

EPA Releases Final Policy to Address Acute Risks to Bees from Pesticides and Three Pollinator-Only R

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) released its Policy to Mitigate the Acute Risk to Bees from Pesticide Products (Mitigation Policy) which describes methods for addressing acute risks to bees...more

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2017

Predictions and Outlook for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) 2017 - 2016 was full of surprises, two of which will drive much of the agenda for OCSPP during 2017. First, Congress...more

FIFRA: Final EPA Rule Requires Stronger Standards for Applying Riskiest Pesticides

On January 4, 2017, the U.S. Environmental Protection Agency (EPA) published its final rule revising its regulation concerning the certification of applicators of restricted use pesticides (RUP). EPA states that the final...more

EPA Issues Changes to OCSPP Final Test Guidelines For Series 850 Group A—Ecological Effects

On December 29, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice regarding the availability of final test guidelines, OCSPP Series 850 Group A -- Ecological Effects, part of a series of test guidelines...more

EPA Announces Start of Voluntary Pilot Program to Reduce Animal Testing

On December 20, 2016, the U.S. Environmental Protection Agency (EPA) announced the start of a pilot program to evaluate the usefulness and acceptability of a mathematical tool (the GHS Mixtures Equation), which is used in the...more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

New EU Disclosure Mandate for Proprietary Pesticide Data Has Serious Ramifications for Wider Chemical Industry

The European Union’s highest Court, the European Court of Justice (“ECJ” or the “Court”), issued two landmark judgments on November 23, 2016 with significant adverse implications for the proprietary data rights of pesticide...more

Environmental Notes - December 2016

The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

EPA Publishes Revised Pesticide Application General Permit

EPA has promulgated a final rule revising the Pesticide General Permit (the “2016 PGP”). The 2016 PGP is applicable only in four states (Idaho, Massachusetts, New Hampshire, and New Mexico) and at federal facilities, but the...more

EPA Issues Guidance for Testing Pesticides Aimed at Reducing Animal Testing

On November 29, 2016, the U.S. Environmental Protection Agency (EPA) announced the issuance of its new guidance for testing pesticides designed to reduce animal testing for acute dermal toxicity for pesticides, Guidance for...more

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal...more

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

PMRA Proposes to Phase Out Uses of Neonic Pesticide in Canada

On November 23, 2016, the Pest Management Regulatory Agency (PMRA) issued a press release on the use of neonicotinoid pesticides, along with a Proposed Re-evaluation Decision of the neonicotinoid pesticide, imidacloprid, and...more

9th Circuit Holds Hawaii County Ordinances Regulating Genetically-Engineered Plants and Cultivation Are Preempted

On November 18, the U.S. Court of Appeals for the Ninth Circuit issued three unanimous decisions affirming the U.S. District Court for the District of Hawaii’s rulings that three local county ordinances—enacted by the...more

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Extends Comment Period On Proposed SNUR: On October 21, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has reopened the comment period on a proposed Significant New...more

EPA Issues Final 2016 NPDES Pesticide General Permit

On November 1, 2016, the U.S. Environmental Protection Agency (EPA) published its Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of...more

EPA Proposes Two Test Methods and Guidance for Evaluating Antimicrobial Pesticides

The U.S. Environmental Protection Agency (EPA) has recently announced the availability of two proposed test methods and associated testing guidance for evaluating antimicrobial pesticides against two biofilm bacteria,...more

California DPR Proposes New Regulation Giving Further Protections to Children

The California Department of Pesticide Regulation (DPR) recently proposed a regulation that it states is intended to “(1) provide minimum statewide standards for all agricultural pesticide applications near public K-12...more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from September 16 – October 15, 2016. Initiatives to reduce and manage packaging wastes appear to be gaining traction, particularly in Argentina, which enacted a new...more

US Environmental Protection Agency Opens Criminal Investigation into Herbicide Spraying

According to articles in Missouri newspapers and other news outlets, federal agents recently executed search warrants in several counties in Missouri to probe possible criminal violations of the Federal Insecticide,...more

OSHA Law Alert: Oregon OSHA Issues Proposed Changes to Worker Protection Standard in Agriculture

In response to the federal Occupational Safety and Health Administration’s adoption of more stringent standards for the application of pesticides and herbicides in agricultural settings, Oregon OSHA has proposed revisions to...more

California Environmental Law & Policy Update - October 2016

Environmental and Policy Focus - With standards relaxed, water use on the rise throughout California - Sacramento Bee - Oct 5 - Californians continued to backslide on water conservation during the hottest...more

Hearing Set for EPA Motion for Summary Judgement in Neonicotinoid Treated Seed Proceedings

The following documents have been filed in the Anderson v. McCarthy proceedings in the Ninth Circuit: (1) U.S. Environmental Protection Agency’s (EPA) Notice of Motion and Motion for Summary Judgment; (2)...more

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