SAN FRANCISCO As the U.S. Court of Appeals for the Ninth Circuit weighed whether to sign off on EPA approval of a pesticide sewn directly into clothes and other fabrics, it appeared the decision might turn on a scientific distinction familiar to parents everywhere: the difference in chewing habits between a 1-year-old infant and a 3-year-old toddler.
Judges Jay Bybee and Jerome Farris’ paternal instincts seemed to come into play as they debated with lawyers for the Natural Resources Defense Council, the Environmental Protection Agency and the pesticide manufacturer about how a young child’s teeth, gums, saliva and swallowing could affect ingestion of invisible nanosilver particles.
