EPA Hammered Over FIFRA Discretion Argument

Law360, District of Columbia (May 6, 2011, 8:45 PM EDT) -- A Washington federal judge on Friday sharply criticized the U.S. Environmental Protection Agency's contention in a suit brought by Nalco Inc. that it could ban or approve sales of urea and ammonia products at will under the Federal Insecticide Fungicide and Rodenticide Act.

For years, it was the EPA's position that Nalco's three major products for use in the pulp and paperboard industry — an ammonium sulfate product and two urea-based products — did not have to be registered under the FIFRA, according to the suit....
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