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National Cotton Council of America v. United States Environmental Protection Agency
The Sixth Circuit vacated a U.S. Environmental Protection Agency (EPA) rule exempting from the Clean Water Act's (CWA's) national pollutant discharge elimination system (NPDES) permitting requirements pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act. The ...
Center for Biological Diversity v. Environmental Protection Agency
A district court dismissed with leave to amend environmental groups' lawsuit against EPA alleging that it violated the ESA by failing to undertake required consultations regarding the effects of 382 registered pesticides on endangered and threatened species. The groups seek a broad remedy—an injun...
Natural Resources Defense Council, Inc. v. United States Food & Drug Administration
The Second Circuit held that an environmental group has standing to bring an action to compel FDA to finalize its regulation of triclosan, but not triclocarban, both of which are used in over-the-counter antiseptic antimicrobial soap. As to triclosan, standing may be based on exposure to a potential...
Dow AgroSciences LLC v. National Marine Fisheries Service
The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain P...