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Judge Cote http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119729 BAYER CropScience LP (Bayer) developed and markets the insecticide spirotetramat. The U.S. Environmental Protection Agency (EPA) registered the insecticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) despite its conceded failure to publish notice of Bayer’s applications in the Federal Register, invite public comment and publish its registration decisions, as required by 7 USC §136(a)(c)(4). Concerned about the insecticide’s effect on bees the Natural Resources Defense Council (NRDC) and the Xerces Society, a wildlife conservation group, challenged the insecticide’s registration by the EPA under FIFRA. The district court vacated the EPA’s five approvals of the insecticide’s registration. Citing the D.C. Circuit’s ruling in Heartland Reg’l Med. Ctr. v. Sebelius, the district court determined that the EPA’s failure to provide notice, invite comment and publish its registration constituted serious deficiencies necessitating vacatur. Despite FIFRA’s requirement that the EPA take such measures, the EPA’s failed—absent explanation—to comply with such procedural requirements. Also, none of the various potential disruptions identified by the EPA and or Bayer was sufficiently serious to counsel against vacatur.

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