EPA Can't Sidestep Pesticide Allegations, 9th Circ. Says

Law360 (January 13, 2021, 7:34 PM EST) -- The Ninth Circuit rejected the U.S. Environmental Protection Agency's request for time to reexamine the effects of a pesticide after admitting its first review violated the Endangered Species Act, allowing a challenge to the approval of the product to move forward.

In a short Tuesday order, the Ninth Circuit declined to remand the EPA's registration of the pesticide sulfoxaflor, which environmental groups say threatens bees. The agency had asked for a chance to scrutinize the pesticide again after it admitted it hadn't done its job properly the first time, asking that the product be allowed to stay on the shelf in...

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