4th Circ. Backs Dow, Others In Fight Over Pesticide Findings

Law360, New York (February 21, 2013, 9:41 PM EST) -- In a victory for Dow AgroSciences LLC and two other companies, the Fourth Circuit on Thursday overturned the National Marine Fisheries Service's finding that three pesticides were harmful to the Pacific salmon, saying it was not “the product of reasoned decision-making.”

The appeals court said a federal judge had erred in dismissing the pesticide manufacturers' challenge to the NMFS' November 2008 biological opinion addressing whether the re-registration of the chemicals chlorpyrifos, diazinon and malathion was likely to jeopardize the continued existence of an endangered species. The agency had concluded that the survival of 27 of 28 salmon species would be compromised....

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