Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.