Fourth Circuit Holds That Pesticide Companies Can Challenge NMFS’ BiOps
On March 2, 2011, the United States Court of Appeals for the Fourth Circuit held that registrants could challenge in federal district court a final biological opinion that the U.S. National Marine Fisheries Service had issued on the registrants’ pesticides. NMFS had issued the BiOp under the Endangered Species Act in consultation with EPA. The pesticides involved are chlorpyrifos, diazinon, and malathion. The registrants challenging the BiOp are Dow AgroSciences LLC, Makhteshim Agan of North America, Inc., and Cheminova, Inc.
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The Fourth Circuit’s opinion is attached below.
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