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Center for Food Safety v. Environmental Protection Agency
A district court denied in part and dismissed in part environmental groups' motion for summary judgment in a lawsuit concerning the use of seeds treated with pesticides. The groups petitioned EPA to subject treated seeds to FIFRA, arguing the Agency could not exempt them from a separate registration...
Food & Water Watch, Inc. v. United States Environmental Protection Agency
A district court held that fluoridation of water at 0.7 milligrams per liter (mg/L), the level presently considered “optimal” in the United States, posed an unreasonable risk of reduced IQ in children. Anti-fluoride groups and individuals had petitioned EPA under TSCA to regulate the fluoridatio...
Federal Authority to Address Plastic Pollution
Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.
Schaffner v. Monsanto Corp.
The Third Circuit reversed a ruling that held FIFRA did not preempt state-law tort duties to include a cancer warning on a weedkiller label. A landscaper had argued the agrochemicals company that produces the weedkiller violated Pennsylvania law by omitting the cancer warning from its label. The app...
Xerces Society for Invertebrate Conservation v. Shea
A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...