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Showing 22 posts in Pesticides. View our practice description for Pesticides.

California Appeals Court Upholds State’s Reliance On Conclusion By A Foreign Agency To Classify Glyphosate As “Cancer-Causing”

Two courts recently examined California’s regulation of glyphosate, a widely used pesticide ingredient, for its alleged health risks via the state’s Proposition 65 warning program. The decisions are noteworthy for the contrasting approaches that they take with respect to the amount of deference to give to international regulatory actions that are incorporated by reference into U.S. law. Read More ›

EPA Delays Effective Date of RMP Rule Amendments, Environmental Groups File Challenge

On June 14, 2017, EPA published a final rule in the Federal Register delaying the effective date of its Risk Management Program (RMP) rule amendment package for twenty months, until February 19, 2019.[1] EPA’s decision was immediately challenged by a coalition of environmental groups. Read More ›

Fourth Circuit: CWA Permit Shield Requires Compliance with Incorporated Quality Standards

A recent Fourth Circuit decision will have wastewater dischargers taking a closer look at their NPDES permits and state water quality standards. The court of appeals held, in Ohio Valley Environmental Coalition v. Fola Coal Co., No. 16-1024, that permit language incorporating state water quality standards required compliance with all such standards, including narrative standards not reflected in the permit’s effluent limits.  As a consequence, a source can only be assured that it is shielded from liability under the CWA if its discharges comply with both (a) effluent limits in the NPDES permit and (b) any water quality standards—even narrative standards—that the permit incorporates.  The decision raises questions about potential exposure and how to approach permit writers in the future. Read More ›

EPA Releases Final RMP Amendments, Awaits Response of New Administration

The U.S. Environmental Protection Agency has released a final rule updating the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section112(r)(7) risk management planning program. A pre-publication copy of the rule can be accessed here. Read More ›

Comments Due November 1, 2016 on Proposed Update to Framework for Biotechnology Regulation

On September 18, 2016, the Obama Administration issued two major documents in connection with its ongoing efforts to modernize the federal Coordinated Framework for the Regulation of Biotechnology.  The first document, a proposed update to the 1986 framework, intends to clarify the current roles of the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) – the three primary agencies involved in the regulation of biotechnology products.  Members of the regulated industry, other stakeholders, and members of the broader public may submit comments on the proposed update until November 1, 2016.  The second document presents a national strategy outlining future steps that the Agencies intend to take to ensure that the regulatory system addresses novel biotechnology product types going forward.  As directed by the Executive Office of the President last year, the Agencies have also commissioned development of a third document by the National Academies of Sciences, Engineering and Medicine (NAS) to address future biotechnology products and opportunities to enhance capabilities of the regulatory system.  The NAS expects to release its report at the end of 2016.  Read More ›

New York State Attorney General Orders Companies to Stop Making Anti-Zika Claims In Connection with Minimum Risk Pesticides and Pesticide Devices

On August 3, 2016, the New York State Attorney General issued cease-and-desist letters to seven companies making pesticidal claims to prevent or protect consumers against the Zika virus.  The claims at issue were made in advertisements for products containing certain “minimum risk” active ingredients, as well as several pesticide devices.  According to Attorney General Eric T. Schneiderman, the letters ordered the companies to immediately stop advertising their products as “Zika-protective” or “Zika-preventive,” which Schneiderman identified as false and deceptive claims.  While the Attorney General subsequently announced that six of the seven companies had either removed the allegedly misleading claims or altogether removed their products from online sales within 24 hours of the Attorney General’s action, his investigation remains ongoing.  Each company may now face liability under both Federal and New York State law. Read More ›

First-Ever Federal Labeling Requirements for Bioengineered Foods Signed Into Law

On July 29, President Obama signed into law a bill establishing first-ever federal requirements for the labeling of food containing genetically engineered ingredients.  The bill, known as S.764, directs the U.S. Department of Agriculture (USDA) to issue rules to establish mandatory labeling requirements for so-called “bioengineered foods.”  In preparing its new regulations, USDA must determine the threshold levels of a bioengineered substance that will subject a food to the labeling requirements and develop a process for manufacturers and others to obtain a determination from the Agency concerning the status of a given food item under the new program. USDA must issue these rules within the next two years, and food manufacturers, technology developers, and other interested parties are expected to have opportunities to submit comments throughout the rulemaking process. Read More ›

USDA Declares “Do-Over” on Overhaul of Biotechnology Regulations

The U.S. Department of Agriculture’s (“USDA”) Animal and Plant Health Information Service (“APHIS”) is renewing efforts to amend or replace its existing rules governing plant-based biotechnology, while highlighting possible changes to its regulations that may significantly expand the scope of biotechnology products and processes subject to APHIS jurisdiction.  Akin to an advance notice of proposed rulemaking, APHIS’s Notice of Intent seeks public input on scoping for a Programmatic Environmental Impact Statement (“PEIS”) under the National Environmental Policy Act (“NEPA”).  APHIS’s non-exclusive proposals range from status quo to transformative, and its notice provides a rare opportunity for agriculture and biotechnology stakeholders to help shape what may become a wholly new regulatory program to replace APHIS’s three-decades-old regulations at 7 C.F.R. Part 340.  Comments are due by March 7, 2016. Read More ›

EPA Publishes FIFRA Use Site Index for Antimicrobial Pesticides

On January 27, 2016, the U.S. Environmental Protection Agency (EPA) issued an Antimicrobial Pesticide Use Site Index (USI) to provide guidance to pesticide applicants and registrants under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) on identifying specific uses associated with the twelve antimicrobial use patterns codified by EPA in 2013 at 40 CFR Section 158.2201(a). Read More ›

EPA Codifies New Changes to FIFRA Minimum Risk Pesticide Requirements

On December 28, 2015, the U.S. Environmental Protection Agency (EPA) finalized important changes to the “minimum risk” pesticide exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  See EPA, “Pesticides; Revisions to Minimum Risk Exemption,” 80 Fed. Reg. 80653 (Dec. 28, 2015).  EPA’s new rule goes into effect February 26, 2016, with the exception of the deadline for compliance with new labeling requirements for minimum risk products, which is February 26, 2019. Read More ›