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Farmworkers Ass'n of Florida v. Environmental Protection Agency

ELR Citation: 51 ELR 20105
Nos. 21-1079, (D.C. Cir., 06/07/2021)

The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and grapefruit in Florida. EPA had moved to remand without vacatur. The court found the Agency itself acknowledged it did not make an effects determination as required by §7(a)(2) of the ESA, and that it admitted it would not provide timely reconsideration if remanded without vacatur. Given such admittance, the seriousness of EPA's error, and the error's direct impacts on the merits of the Agency's registration decision in light of its own finding as to aldicarb's acute toxicity, the court vacated the decision.