January 01, 2018

Ninth Circuit Upholds EPA Pesticide “Action”

Patrick Paul

The United States Court of Appeals for the Ninth Circuit in July 2017, in a decision titled In Re Pesticide Action Network North America, No. 14-72794, denied a motion for mandamus relief filed by the Pesticide Action Network North America and Natural Resources Defense Council (together, PANNA). For more than 10 years, PANNA sought to require the United States Environmental Protection Agency (EPA) to act further on a petition to ban a pesticide—chlorpyrifos (O,O-diethyl-0-3,5,6-trichloro-2-pyridyl phosphorothioate)—pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA) and to cancel all related registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

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