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
Close-up of mature diamondback moth
Insect Control
January 13, 2017
3 Ways to Save Your Vegetable Crops From Diamondback Moths
An integrated approach is key to managing this destructive pest. Read More
Crop Protection
January 10, 2017
New Research May Help in the Fight Against Insect-Transmitted Viruses in Vegetables
The findings depict the first time that a viral effector protein has been seen as attracting insect vectors to feed on plants through odor.  Read More
2-spotted spider mites
Crop Protection
January 9, 2017
Vegalab US Offers a New Formulation of Spider Mite Control   
The biological product attacks spider mites in two ways. Read More
Crop Protection
January 5, 2017
Labor, Efficiency, and the Future of Weed Control
Increases in labor costs will affect the costs of production of vegetable crops in California, so growers will have to take advantage of production practices that help reduce weed pressure. Read More
Crop Protection
January 5, 2017
Scientists Aim to Improve Nitrogen, Water Use Efficiency in Lettuce
Genetic research intends to develop varieties with enhanced nutrient uptake. Read More
potato field
Crop Protection
January 4, 2017
New Potato Insecticide/Fungicide Seed Treatment Available
Syngenta’s CruiserMaxx Vibrance receives EPA registration. Read More
Crop Protection
January 4, 2017
Common Purslane Needs Diligence to Conquer in Vegetable Crops
A pest in the West, purslane has potential to impact all vegetables grown throughout North America. Read More
The Latest
Crop Protection
January 16, 2017
Monsanto, NRGene Enter Agreement for Big…
Technology platform is designed to help Monsanto analyze, store, and mine its genomic data sets to enhance breeding and R&D opportunities. Read More
Crop Protection
January 10, 2017
New Research May Help in the Fight Again…
The findings depict the first time that a viral effector protein has been seen as attracting insect vectors to feed on plants through odor.  Read More
Crop Protection
January 9, 2017
Vegalab US Offers a New Formulation of S…
The biological product attacks spider mites in two ways. Read More
Crop Protection
January 5, 2017
Labor, Efficiency, and the Future of Wee…
Increases in labor costs will affect the costs of production of vegetable crops in California, so growers will have to take advantage of production practices that help reduce weed pressure. Read More
Crop Protection
January 5, 2017
Scientists Aim to Improve Nitrogen, Wat…
Genetic research intends to develop varieties with enhanced nutrient uptake. Read More
Crop Protection
January 4, 2017
New Potato Insecticide/Fungicide Seed Tr…
Syngenta’s CruiserMaxx Vibrance receives EPA registration. Read More
Crop Protection
January 4, 2017
Common Purslane Needs Diligence to Conqu…
A pest in the West, purslane has potential to impact all vegetables grown throughout North America. Read More
Citrus
December 17, 2016
Pesticide Safety Manual Released
EPA, Pesticide Educational Resources Collaborative updates manual for worker standards. Read More
Citrus
December 13, 2016
Monsanto Shareholders OK Deal With Bayer
Companies one step closer to "advancing together." Read More
Citrus
December 13, 2016
USDA Frees Up $4 Million For GMO Researc…
National Institute of Food and Agriculture allocates funding to help evaluate genetically modified organisms. Read More
Citrus
December 13, 2016
Pesticide Residues Practically Nil
Pesticide data program summary released after testing 10,000 samples from fresh produce, vegetables, and processed foods. Read More
Crop Protection
December 6, 2016
New Fact Sheet Analyzes Weed Seeds And T…
Topics covered include how weed seeds travel, when they germinate, and ways they can be eliminated. Read More
Crop Protection
December 6, 2016
Scientists Aim To Improve Nitrogen, Wate…
Genetic research intends to develop varieties with enhanced nutrient uptake. Read More
Crop Protection
December 6, 2016
Orondis Opti Fungicide Receives Registra…
The product provides control of Oomycete diseases in vegetables and other specialty crops. Read More
Crop Protection
December 4, 2016
Bio Huma Netics Opens New Lab Facility
Facility to improve quality control and help expand product line. Read More
Crop Protection
November 30, 2016
The Effect Of Soil Fertility On Fusarium…
Ongoing research sheds light on the role soil health plays in the severity of the deadly pathogen. Read More
Citrus
November 29, 2016
Review Shows Low Risk To Aquatic Inverte…
Peer-reviewed evaluation of more than 100 studies finds uses of imidacloprid are unlikely to harm aquatic invertebrate communities, or the birds and fish that rely on them. Read More
Crop Protection
November 29, 2016
Tackle Whiteflies Head On
Reported in outdoor landscapes this year, vegetable growers must be prepared to mitigate the spread of the Q-Biotype. Read More