Chemical Companies Win Appeal On Pesticide Lawsuit

Courtroom ruling with gavel

The 4th Circuit U.S. Court of Appeals found for the plaintiffs in Dow, Makhteshim and Cheminova  v. National Marine Fisheries Service (NMFS). The first biological opinion (BiOp) issued by NMFS following the Washington Toxics Coalition lawsuit over the potential effects of pesticides on salmon is arbitrary and capricious.

The BiOp covered three insecticides, chlorpyrifos, diazinon, and malathion. The appeals court reversed a lower court decision by concluding that the BiOp was not the product of reasoned decision making. According to the court, “NMFS failed to explain or support critical assumptions in its opinion.” The court vacated the BiOp and remanded the case to the district court with instructions to remand it to NMFS for further proceedings consistent with this opinion.

A key factor in today’s decision was the NMFS’s failure to consider the economic feasibility of its proposed one-size-fits-all buffer zones. According to the court, “NMFS relied on a selection of data, tests, and standards that did not always appear to be logical, obvious, or even rational.”

“This decision is a huge step for sound science and reasoned decision-making,” said Heather Hansen, executive director of Washington Friends of Farms & Forests. “We are thankful that the court recognized the poor process NMFS used in compiling this BiOp. We are hopeful that future actions will be guided by this decision.”

Topics:

Leave a Reply

Crop Protection Stories

Crop ProtectionGetting To The Root Of Good Soil Health Requires Some Digging
August 21, 2014
Dave Gilliam of Horticultural Alliance says more citrus growers are paying attention to what's happening below the ground in their groves. Read More
Crop ProtectionBioConsortia Inc. Bolsters Executive Team
August 18, 2014
Industry veterans Christina Huben and Dr. Susan Turner bring experience to plant biotechnology firm. Read More
Crop ProtectionCover Crop Solutions Offers New Three-Way Cover Crop Mix
August 13, 2014
A fast-growing cover crop mix needs 45 to 60 days of growth in warm conditions. Read More
Crop ProtectionBiopesticides Vs. Traditional Agrochemicals
August 4, 2014
To effectively control pests, understand how the products work and know the biology of insect pests. Read More
Crop ProtectionFrench Crop Protection Firm Acquires Fine Holdings Ltd.
August 4, 2014
De Sangosse group seeks to bolster its business with purchase of plant growth regulator specialist. Read More
CEU SeriesCEU Series: Gain A Deeper Understanding Of Fertilizers
August 1, 2014
It's never too late to grow your knowledge of plant nutrients. Read More
Insect & Disease UpdateBaythroid XL Receives Special Florida Label For Asian Citrus Psyllid Control
July 30, 2014
EPA approval will add another option for growers’ chemical rotations. Read More

The Latest

Crop ProtectionGetting To The Root Of Good Soil Health Requires Some D…
August 21, 2014
Dave Gilliam of Horticultural Alliance says more citrus growers are paying attention to what's happening below the ground in their groves. Read More
Crop ProtectionBioConsortia Inc. Bolsters Executive Team
August 18, 2014
Industry veterans Christina Huben and Dr. Susan Turner bring experience to plant biotechnology firm. Read More
Crop ProtectionCover Crop Solutions Offers New Three-Way Cover Crop Mi…
August 13, 2014
A fast-growing cover crop mix needs 45 to 60 days of growth in warm conditions. Read More
Crop ProtectionBiopesticides Vs. Traditional Agrochemicals
August 4, 2014
To effectively control pests, understand how the products work and know the biology of insect pests. Read More
Crop ProtectionFrench Crop Protection Firm Acquires Fine Holdings Ltd.
August 4, 2014
De Sangosse group seeks to bolster its business with purchase of plant growth regulator specialist. Read More
CEU SeriesCEU Series: Gain A Deeper Understanding Of Fertilizers
August 1, 2014
It's never too late to grow your knowledge of plant nutrients. Read More
BerriesNew Study Finds Simple Solution To Monitoring Spotted W…
July 31, 2014
UF/IFAS researchers are using a mixture of yeast, sugar, and water to lure, trap major berry pest. Read More
Crop ProtectionNew York Combats Giant Weed
July 30, 2014
The state continues efforts to control this species that is harmful to humans. Read More
CitrusThe Exponential Rise Of Biopesticides
July 28, 2014
The first sustainable commercial success stories in the biopesticide market were seen in the 1980s and 1990s. Since then, the market has grown exponentially, and is projected to exceed $3 billion by 2016. Read More
Citrus9 Resources For All Of Your Biopesticide Questions
July 25, 2014
As the use of biopesticides continues to increase at a staggering rate, more and more resources are being made available to the public to help increase awareness of the sector. Read More
Apples & PearsAn Awakening To The Value Of Biopesticides [Opinion]
July 25, 2014
With the entry of major suppliers into the biopesticide arena, whether or not biopesticides work is no longer the question. Now, people want to understand how they work. Read More
Apples & PearsPGRs: The Overlooked Piece Of The Biopesticides Puzzle
July 25, 2014
Yield and quality can be as important to growers as crop protection. Read More
Crop ProtectionDon’t Let Your Cruciferous Crops Get Beaten By Cl…
July 23, 2014
Learn how to ID, the survival and spread, as well as management methods for this vegetable disease. Read More
Crop Protection4 Methyl Bromide Alternatives To Consider
July 22, 2014
With the phase-out of the popular soil fumigant, it's important to know you have crop protection options. Read More
Crop ProtectionFlorida Farmers Feeling Pains Of Methyl Bromide Phase-O…
July 22, 2014
Growers look for recommendations to keep fields clean in the absence of the long-used fumigant. Read More
CitrusPhytech To Bring PlantBeat Service To U.S. Farmers
July 22, 2014
After growth in Israel, Phytech’s PlantBeat comes to California. Read More
Crop Protection2014 Florida Agricultural-Environmental Leadership Awar…
July 17, 2014
Growers place an emphasis on protecting the state's fragile water resources. Read More
Crop ProtectionUnexpected Discovery Prompts Giant Snail Alert
July 15, 2014
L.A. International Airport inspectors confiscate 67 live specimens of notorious invasive pest from East Africa. Read More