Court clears way for lawsuit against EPA over exemptions for neonicotinoid seed treatments

| | August 10, 2016

A motion by the . . .EPA asking for the immediate dismissal of a case that alleges the EPA erroneously applied regulatory exemptions to seeds coated with neonicotinoid pesticides has been denied by the U.S. District Court for the Northern District of California.

. . . .

. . . [The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)] allows the EPA to exempt . . . . so-called “treated articles,” when the articles in question are treated with pesticides that have already been registered. . . .

The agency in 2013 issued a Guidance for Inspecting Alleged Cases of Pesticide Related Bee Incidents, which stipulated a “[t]reated seed (and any resulting dust-off from a treated seed) may be exempted from registration under FIFRA as a treated article. . . ”

Related article:  Boulder County, Colorado to phase out GMO crops and neonicotinoid insecticides

. . . [The] lawsuit contends the 2013 guidance was more than an informal procedural suggestion. . . and actually constituted a final agency action reviewable under the Administrative Procedure Act.

. . . .

The EPA moved to dismiss the case for the lack of subject-matter jurisdiction, saying that the 2013 guidance did not constitute final agency action and is therefore unreviewable under the APA.

The GLP aggregated and excerpted this blog/article to reflect the diversity of news, opinion and analysis. Read full, original post: District court rejects dismissal of ‘coated seeds’ pesticide case against EPA

The GLP aggregated and excerpted this article to reflect the diversity of news, opinion, and analysis. Click the link above to read the full, original article.

 

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