9th Circ. Deems EPA Pesticide Action Sufficient, For Now

Law360, New York (August 24, 2017, 1:27 PM EDT) -- On July 18, 2017, in a decision entitled In Re Pesticide Action Network North America, No. 14-72794, the Ninth Circuit denied a motion for mandamus relief filed by the Pesticide Action Network North America and Natural Resources Defense Council (collectively, PANNA). Dating back to 2007, PANNA sought to require the U.S. Environmental Protection Agency to act further on a petition to ban a pesticide — chlorpyrifos (O,O-diethyl-0-3,5,6-trichloro-2-pyridyl phosphorothioate) — pursuant to Section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA) and to cancel all related registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

In 2007, PANNA first filed...

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