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EPA Settles Two Cases Regarding Unregistered and Misbranded Pesticides

The U.S. Environmental Protection Agency (EPA) recently settled two cases involving allegations of non-compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Although the Consent Agreement and Final...more

EPA Registers Long-Term Uses for Sulfoxaflor

On July 12, 2019, the U.S. Environmental Protection Agency (EPA) announced in a Decision Memorandum that it has registered new uses and restored previously registered uses for sulfoxaflor. EPA has approved the use of...more

EPA Releases Proposed Interim Registration Review Decision for Glyphosate; ATSDR Announces Availability of Draft Toxicological...

On May 6, 2019, the U.S. Environmental Protection Agency (EPA) announced it was releasing its Proposed Interim Registration Review Decision (PID) for glyphosate acid and its various salt forms. 84 Fed. Reg. 19782. In the...more

European Court Annuls Prior Judgments to Protect Testing Information Related to Glyphosate Authoriza

On March 7, 2019, in the Court of Justice of the European Union (EU), the Eighth Chamber of the General Court issued two judgments in cases regarding access of confidential information related to glyphosate. One of these...more

Ninth Circuit Grants Petition for En Banc and Panel Rehearing in Chlorpyrifos Case

On February 6, 2019, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an order granting the U.S. Environmental Protection Agency’s (EPA) and Acting EPA Administrator Andrew Wheeler’s (collectively EPA or...more

D.C. District Court Provides Reasons for Denying Defendant’s Motion to Dismiss in Glyphosate Case

On April 30, 2018, the U.S. District Court for D.C. issued a memorandum opinion that sets forth the reasons for its denial of defendant Monsanto Company’s (Monsanto) motion to dismiss in a case in which the plaintiffs allege...more

OEHHA Proposes Regulations on Safe Harbor Warning Content as Part of Clear and Reasonable Warnings Regulations

On April 23, 2018, California’s the Office of Environmental Health Hazard Assessment (OEHHA) announced it is proposing to amend Article 6 of Title 27 of the California Code of Regulations (C.C.R.), Section 25603, specifically...more

California DFA Ordered to Suspend Chemical Activities

On February 22, 2018, the Superior Court of the State of California, County of Sacramento, issued a judgment granting petition for writ of mandate and declaratory and injunctive relief (Judgment) to suspend further chemical...more

Eastern District of California Rules on Motion to Enjoin Prop 65 Listing and Warning on Glyphosate Products

On February 26, 2018, the U.S. District Court for the Eastern District Court of California issued a memorandum and order on the plaintiff’s motion for preliminary injunction (Order) to “enjoin the listing of glyphosate under...more

EPA Announces ICR Submission of Unreasonable Adverse Effects Information under FIFRA Section 6(a)(2)

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) announced that it is planning to submit an information collection request (ICR), “Submission of Unreasonable Adverse Effects Information under FIFRA Section...more

DPR Issues Notice Restricting Certain Applications or Amendments for Products Containing Active Ingredients under Reevaluation

On January 3, 2018, the California Department of Pesticide Regulation (DPR) issued Notice 2018-01: Expanding Use of Pesticide Products Under Reevaluation. Under Notice 2018-01, effective immediately, DPR will not act upon...more

1/19/2018  /  Chemicals , FIFRA , Pesticides

Flubendiamide Registrants and EPA File Post-Oral Argument Briefs

On July 1, 2016, in an administrative appeal of the June 1, 2016, Administrative Law Judge (ALJ) Initial Decision and an earlier order denying Bayer CropScience LP and Nichino America, Inc.’s (BCS/NAI) Motion for Accelerated...more

EPA Solicits Comments on Draft Guidance for Pesticide Registrants on Managing Pesticide Resistance

On June 7, 2016, the U.S. Environmental Protection Agency (EPA) announced that it was making two draft Pesticide Registration Notices (PR Notices) available for public comment: (1) PR Notice 2016-X: Draft Guidance for...more

FAO and WHO Publish Guidelines on Highly Hazardous Pesticides

On May 10, 2016, the Food and Agriculture Organization of the United Nations (FAO) and the World Health Organization (WHO) issued guidelines on highly hazardous pesticides (HHP) (Guidelines) as part of the International Code...more

EPA Requests Dismissal of Complaint For Lack of Subject Matter Jurisdiction

On March 10, 2016, the U.S. Environmental Protection Agency (EPA) filed a motion to dismiss for lack of subject matter jurisdiction and a supporting memorandum of law (Memorandum) in Anderson v. McCarthy, Case No....more

EC Issues Final Report on the Sustainable Use of Biocides

On March 16, 2016, the European Commission (EC) issued its final report on the sustainable use of biocides. Article 18 of the European Union’s (EU) biocidal products regulation (BPR) directs the EC to issue a report on how...more

EPA Announces Revisions to Its Worker Protection Standard

On September 28, 2015, the U.S. Environmental Protection Agency (EPA) announced revisions to its worker protection standard. EPA states that these revisions are intended to “enhance the protections provided to agricultural...more

California Superior Court Denies PANNA Petition for Writ of Mandate

On June 16, 2015, the California Superior Court for the County of Almeda denied the petition of the Pesticide Action Network North America, et al. (PANNA) for a writ of mandate to direct the California Department of Pesticide...more

EPA and ACC Reach Settlement Regarding Antimicrobial Pesticide Data Requirements

On March 2, 2015, the United States Environmental Protection Agency (EPA) and the American Chemistry Council (ACC) executed a settlement agreement (Agreement) following the ACC’s petition for judicial review of EPA’s...more

EU Issues Guidance to Clarify Transitional Measures for Data Requirements for Plant Protection Products and Active Substances

The European Commission (EC) Standing Committee on Plants, Animals, Food and Feed has issued a guidance document entitled Draft Guidance Document on the Interpretation of the Transitional Measures for the Data Requirements...more

Predictions And Outlook For EPA’s Office Of Chemical Safety And Pollution Prevention (OCSPP) 2015

FORECAST 2015 - 2015 will be a very interesting year. There are two overarching considerations that will make the year more difficult to predict than merely assuming most of this year’s issues will simply be extensions...more

EPA’s Enforcement Efforts Regarding FIFRA Supplemental Distribution and How to Avoid Noncompliance

Under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 3(e), a registrant may distribute or sell its registered product under another person's name and address instead of (or in addition to) its own without...more

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