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NRDC v. EPA

ELR Citation: 47 ELR 20072
Nos. 15-72308 & -72312, (9th Cir., 05/30/2017)

The Ninth Circuit vacated EPA's conditional registration of a pesticide because the Agency failed to support its requisite finding that registration was in the public interest. A pesticide manufacturer applied to register a pesticide that uses nanosilver as its active ingredient. EPA conditionally registered the pesticide in May 2015. An environmental group challenged the registration, arguing that EPA failed to support its findings that use of the pesticide is in the public interest and the pesticide manufacturer had insufficient time to submit the required data. The court held that substantial evidence supported the EPA’s findings that the pesticide has lower application and mobility rates than conventional-silver pesticides; however, substantial evidence did not support the Agency's finding that use of the pesticide was in the public interest because it had the “potential” to reduce the amount of silver released into the environment.