Circuit Upholds EPA Exemption For Pesticide

Law360 (January 22, 2008, 12:00 AM EST) -- An appellate court has ruled that the Natural Resources Defense Council cannot challenge the EPA's exemption for the ozone-depleting pesticide methyl bromide because the nonprofit group has already tried and failed to establish a similar lawsuit.

The U.S. Court of Appeals for the District of Columbia Circuit ruled on Tuesday that the NRDC's suit to strike the Environmental Protection Agency's 2007 “critical use” exemption regarding methyl bromide was precluded by the group's challenge of the framework for the same rule in 2004.

The earlier suit was...
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