Sep
28

CRE Comments on EPA’s Risk Assessment Framework

On September 26, 2012, the Center for Regulatory Effectiveness submitted comments on EPA’s draft Framework for Human Health Risk Assessment to Inform Decision Making. CRE’s comments included the following points:

● The Framework should be revised to reference and discuss EPA’s Information Quality  Guidelines requirements for risk assessments.

● The Framework should be revised to reference and discuss the Office of Management and Budget’s Memorandum on Updated Principles for Risk Analysis.

● The Framework should be revised to reference and discuss EPA’s Council for Regulatory Environmental Modeling Guidance on the Development, Evaluation, and Application of Environmental Models.

Sep
27

Enviros Say They have Standing to Bring ESA Pesticides Claim, and Industry Says they Don’t

Environmental NGOs have sued EPA in a Seattle, Washington federal district court claiming that EPA has not taken any steps to implement the measures recommended in NMFS’ ESA consultation biological opinions for diazinon, malathion, chlorpyrifos, carbaryl, carbofuran, and methomyl.  Dow AgroSciences and CropLife America intervened in the case, and filed a motion for judgment on the pleadings in it.

The Environmental NGO plaintiffs have a filed a response opposing the Intervenors’ motion. According to them

Sep
20

EPA Supports Industry Intervenors’ Motion to Dismiss ESA Pesticides Case

Environmental NGOs have sued EPA in a Seattle, Washington federal district court claiming that EPA has not taken any steps to implement the measures recommended in NMFS’ ESA consultation biological opinions for diazinon, malathion, chlorpyrifos, carbaryl, carbofuran, and methomyl.  Dow AgroSciences and CropLife America intervened in the case, and filed a motion for judgment on the pleadings in it.

EPA has filed a response supporting the industry intervenors’ motion and arguing that the case should be dismissed on standing grounds. EPA’s response states in part:

Sep
13

Intervenors Ask Washington Court to Dismiss ESA Pesticides Case on the Pleadings

Environmental NGOs have sued EPA in a Seattle, Washington federal district court claiming that EPA has not taken any steps to implement the measures recommended in NMFS’ ESA consultation biological opinions for diazinon, malathion, chlorpyrifos, carbaryl, carbofuran, and methomyl.  Dow AgroSciences and CropLife America intervened in the case.

Dow and CropLife have filed a motion for judgment on the pleadings in the case.  Their motion argues that the plaintiffs have failed to allege facts sufficient to demonstrate their standing to bring the case.  Their motion also argues that the plaintiffs’ complaint fails to state claims upon which the court could grant relief.  The court has not yet ruled on Dow and CropLife’s motion.

Sep
07

Enviros Voluntarily Dismiss ESA Pesticides Appeal

Environmental groups sued EPA under the Endangered Species Act, claiming that EPA violated the ESA by failing to consult on endangered species impacts. The Arizona federal court dismissed the case, holding that these claims cannot be brought under the ESA.  They have to be brought under FIFRA. The dismissed enviros appealed this decision to the United States Court of Appeals for the Ninth Circuit.

On August 6, 2012, the Ninth Circuit granted the enviros motion to voluntarily dismiss their appeal. There is speculation that the enviros were afraid the Ninth Circuit would agree with the district court, thereby creating a more significant adverse precedent.