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
Microscope research
Crop Protection
December 4, 2016
Bio Huma Netics Opens New Lab Facility
Facility to improve quality control and help expand product line. Read More
2016 Florida Ag Expo tomato variety field tour
CEU Series
December 1, 2016
CEU Series: Back A United Front To Fight And Defeat Pests
Coordination and integration are key factors to any successful crop protection battle plan. Read More
This watermelon seedling is showing Fusarium wilt symptoms. The first symptom that appears on infected plants is wilt in a single leaf or a single vine.
Photo credit: Kathryne Everts
Crop Protection
November 30, 2016
The Effect Of Soil Fertility On Fusarium Wilt In Watermelon
Ongoing research sheds light on the role soil health plays in the severity of the deadly pathogen. Read More
sprayer nozzles
Citrus
November 29, 2016
Review Shows Low Risk To Aquatic Invertebrates From Neonicotinoids
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
Closeup of Q-biotype or B-biotype whitefly
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
Using attractants such as wildflower mixes and shrubs ensures that bees have access to a steady source of flowering plants to keep them on your farm even during the off season.  Photo credit: Rachael Long
Crop Protection
November 28, 2016
Attract Pollinators To Your Farm
Learn how to build the optimal breeding ground for bees. Read More
Bacterial soft rot has proven to be a challenge for southeastern growers. Photo credit: Jason Chandler
Crop Protection
November 28, 2016
Stave Off Sweet Potato Disease
Management can be made easier through variety selection and improved sanitation practices. Read More
The Latest
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
Crop Protection
November 28, 2016
Attract Pollinators To Your Farm
Learn how to build the optimal breeding ground for bees. Read More
Crop Protection
November 28, 2016
Stave Off Sweet Potato Disease
Management can be made easier through variety selection and improved sanitation practices. Read More
Citrus
November 22, 2016
Arysta Partners With Beem Biologics To L…
Agreement to expand Arysta’s portfolio with new biocontrol releases. Read More
Crop Protection
November 21, 2016
Syngenta Announces New Fungicide Product…
The Miravis brand contains a new active ingredient that is currently pending EPA approval. Read More
Citrus
November 21, 2016
EPA Extends Comment Period For Malathion
Growers have the opportunity to comment on a draft of human health risk assessment. Read More
Crop Protection
November 8, 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 in watermelon crops. Read More
Crop Protection
November 1, 2016
Soil Health Roadmap Makes The Case For I…
The plan sets the framework to achieve widespread adoption of adaptive soil health systems on more than 50% of U.S. cropland by 2025. Read More
Crop Protection
October 31, 2016
Zika And Zucchini Yellow Mosaic: Analog…
While we certainly do not equate the seriousness of Zika with agricultural problems, the Zika virus can serve as a reminder about aspects of the many plant-infecting viruses, from alfalfa mosaic to zucchini yellow mosaic, that affect vegetables. Read More
Crop Protection
October 25, 2016
New Technique Promising For Controlling …
Spray rigs are designed to increase efficiency while still controlling targeted pests. Read More
Crop Protection
October 25, 2016
Vegetable Grafting Facility Gears Up For…
The Tri-Hishtil vegetable grafting facility in North Carolina hopes to double grafted plant production by next year. Read More
Crop Protection
October 18, 2016
Luna Fungicide Now Registered In Califor…
Luna label expansion in California gives fruit and vegetable growers a new option for broad-spectrum disease control. Read More