4th Circ. Revives Dow Bid To Kill Pesticide Study

Law360, New York (March 2, 2011, 6:38 PM EST) -- The Fourth Circuit on Wednesday revived a suit from Dow Agrosciences LLC and other pesticide makers over a federal report seeking stricter limits on three insecticides, ruling that the study can be challenged even if its measures are not yet implemented.

The U.S. Court of Appeals for the Fourth Circuit held that the lower court erred in dismissing the suit attacking the National Marine Fisheries Service’s finding that the insecticides chlorpyrifos, diazinon and malathion jeopardize the survival of Pacific salmon.

The appeals court concluded that the...
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