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Northwest Coalition for Alternatives to Pesticides v. Environmental Protection Agency

544 F.3d 1043 (2008)

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Northwest Coalition for Alternatives to Pesticides v. Environmental Protection Agency

United States Court of Appeals for the Ninth Circuit
544 F.3d 1043 (2008)

Facts

Between December 2001 and April 2002, the Environmental Protection Agency (EPA) (defendant) issued regulations establishing tolerances for seven pesticides, setting the maximum amount of each pesticide that can be in food products. When establishing these tolerances, the EPA used a threefold safety margin for infants and children for some of the pesticides and no safety margin for the rest. When making the determinations, the EPA required the registrants for three of the pesticides to submit developmental neurotoxicity studies (DNT studies) on the effects of the pesticides. However, the EPA made the tolerance determinations before receiving the results of these studies. The final order setting tolerances for these three pesticides noted that the toxicological data on the pesticides did not show increased sensitivity for developing fetuses or the young but did not explain the relationship between the toxicological data and the specific safety margins decided on. The National Resources Defense Council and the Northwest Coalition for Alternatives to Pesticides (the environmental groups) (plaintiffs) sued the EPA, arguing that the decisions on tolerances were arbitrary and capricious because the decisions were not based on reliable data.

Rule of Law

Issue

Holding and Reasoning (Pregerson, J.)

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Casebooks

Environmental Law

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