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States Support Plaintiffs Lawsuit that Prop 65 Warning for Products Containing Glyphosate Violates First Amendment

On January 2, 2018, State Attorneys General from eleven states (Idaho, Indiana, Iowa, Kansas, Louisiana, Michigan, Missouri, North Dakota, Oklahoma, South Dakota, and Wisconsin) (collectively the States) filed a friend of the...more

DPR Issues Notice Restricting Certain Applications or Amendments for Products Containing Active Ingredients under Reevaluation

On January 3, 2018, the California Department of Pesticide Regulation (DPR) issued Notice 2018-01: Expanding Use of Pesticide Products Under Reevaluation. Under Notice 2018-01, effective immediately, DPR will not act upon...more

1/19/2018  /  Chemicals , FIFRA , Pesticides

EPA Adjusts Civil Monetary Penalty Amounts for 2018

On January 10, 2018, the U.S. Environmental Protection Agency (EPA) issued its final rule to adjust the level of statutory civil monetary penalty amounts under the statutes that EPA administers, including the Federal...more

Arkansas State Plant Board Votes to Keep Dicamba Ban in Place

On January 3, 2017, officials with the Arkansas State Plant Board (Plant Board) voted 11 to 3 to uphold its statewide ban of dicamba. The vote came after a subcommittee of the state's legislative council asked the board to...more

Ninth Circuit Simultaneously Denies Motion to Dismiss Without Prejudice and Grants Motion to Expedite

On December 20, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order in LULAC v. Pruitt, Case No. 17-71636, a case challenging an order denying administrative petitions to revoke the tolerances and cancel the...more

1/5/2018  /  EPA , FFDCA , FIFRA , Motion to Dismiss

Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2018

I. UNITED STATES: CHEMICAL FORECAST - Predictions and Outlook for the U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention 2018 - What a difference a year makes. To some extent, the...more

Missouri Issues Fines for Dicamba Misuse

On December 14, 2017, the Missouri Department of Agriculture (MDA) announced that it issued and collected the first round of fines resulting from investigations regarding the pesticide dicamba. The news release states that...more

EPA Releases Draft Human Health and Ecological Risk Assessments for Glyphosate for Public Comment

On December 18, 2017, the U.S. Environmental Protection Agency (EPA) announced it is releasing for public comment the draft human health and ecological risk assessments for glyphosate. ...more

California DPR Issues Guidance Intended to Align with EPA’s Secondary Container Labeling for Pesticides

On Friday, November 3, 2017, the California Department of Pesticide Regulation (DPR) issued guidance (California Notice 2017-13) that DPR indicates is intended to align DPR policy with the U.S. Environmental Protection...more

EPA Issues Regulatory Action on Dicamba

On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced that it had reached an agreement with Monsanto, BASF, and DuPont on measures “to further minimize the potential for drift to damage neighboring...more

10/24/2017  /  Crops , EPA , FIFRA , Pesticides , USDA

NGOs and Farmworkers File Motion for Expedited Briefing and Hearing in Chlorpyrifos Litigation

On October 13, 2017, Petitioners League of United Latin American Citizens (LULAC), et al. filed a motion to expedite briefing and hearing in League of United Latin American Citizens v. Pruitt, Case No. 17-71636 (9th Cir. June...more

10/23/2017  /  EPA , FFDCA , FQPA , NRDC , Toxic Exposure

EPA Extends Comment Period for Draft Guidance for Pesticide Registrants on Notifications, Non-notifications and Minor Formulation...

On October 5, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice of extension of the comment period for the draft guidance Pesticide Registration Notice (PR Notice) 2017-XX: Notifications, Non-notifications...more

California Court of Appeal Reverses Trial Court Decision Denying PANNA’s Petition Challenging Approv

On September 19, 2017, California’s Court of Appeal for the First Appellate District reversed a trial court decision denying a petition by the Pesticide Action Network North America (PANNA) challenging the approval by the...more

EPA OIG Releases Report on EPA’s Management of Pesticide Funds

On September 18, 2017, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) issued a report on an evaluation conducted by OIG entitled “EPA Needs to Manage Pesticide Funds More Efficiently.” OIG...more

9/22/2017  /  EPA , FIFRA , OIG , Pesticides

EPA Announces Updates to Pesticide Label Review Manual

On September 19, 2017, the U.S. Environmental Protection Agency (EPA) announced an update to Chapters 15 and 16 of the Office of Pesticide Programs’ (OPP) Label Review Manual. Updates to Chapter 15: Company Name and...more

9/21/2017  /  Chemicals , EPA , Pesticides

EPA Releases Draft Guidance for Pesticide Registrants on Notifications, Non-notifications, and Minor

On September 6, 2017, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of and seeking public comment on draft guidance, Pesticide Registration Notice (PR...more

EPA Announces Update to the Pesticide Electronic Application Submission Portal

On August 28, 2017, the U.S. Environmental Protection Agency (EPA) announced the first of three feature and functionality updates to the Pesticide Submission Portal (PSP) expected this year. The portal is a web-based...more

8/30/2017  /  Chemicals , EPA , Pesticides

Four Senators Stall PRIA and Introduce Bill to Amend FFDCA—Asserting “Safety First”

On July 18, 2017, four Senators (Tom Udall (D-NM); Benjamin Cardin (D-MD); Richard Blumenthal (D-CT); and Cory Booker (D-NJ)) submitted a letter to Senators Pat Roberts (R-KS) and Debbie Stabenow (D-MI), the Chairman and the...more

8/14/2017  /  EPA , FFDCA , Pesticides , Proposed Legislation

EPA’s Regulatory Agenda Lists Proposed and Final Pesticide Rulemakings

On July 20, 2017, the Trump Administration released its 2017 Unified Regulatory Agenda. The U.S. Environmental Protection Agency’s (EPA) Agency Rule List included several pesticide rulemakings in the proposed rule stage, as...more

Ninth Circuit Denies Motion for Further Mandamus Relief in Chlorpyrifos Proceedings

On July 18, 2017, a panel of three judges at the U.S. Court of Appeals for the Ninth Circuit issued an order denying petitioners’ Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC)...more

7/21/2017  /  EPA , NRDC , Pesticides

EPA Updates Literature Review and FQPA Determination

A noteworthy development in the U.S. Environmental Protection Agency’s (EPA) ongoing and controversial consideration of the potential use of epidemiological data in its pesticide risk assessments occurred on May 25, 2017,...more

7/3/2017  /  EPA , FQPA , Pesticides , Risk Assessment

Complaint Filed Against EPA for FOIA Communication Records Related to Chlorpyrifos Order

On June 22, 2017, a complaint was filed against the U.S. Environmental Protection Agency (EPA) by American Oversight, a nonprofit organization (Plaintiff), in the United States District Court for the District of Columbia. ...more

6/29/2017  /  EPA , FOIA , Pesticides

EPA Releases Final Test Guideline for Performance Against Bed Bugs

On June 14, 2017, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice announcing the availability of a final test guideline, Laboratory Product Performance Testing Methods for Bed Bug Pesticide...more

EPA Releases Ecological Risk Assessments for Neonicotinoids and Announces Next Steps in Registration

On May 25, 2017, the U.S. Environmental Protection Agency (EPA) announced the release of ecological risk assessments for four neonicotinoid active ingredients for public comment as well as the Registration Review Update for...more

California DPR Requirement Issues Guidance on Registering Impregnated Materials – Registrations Due

On May, 24, 2017, the California Department of Pesticide Regulation (DPR) issued guidance regarding its Notice 2015-13 to applicants registering pesticide impregnated materials bearing pesticide claims to be sold and...more

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