EAB Weighs EPA's Authority To Restrict Conditional Pesticide Approvals

摘要

Judges on EPA's Environmental Appeals Board (EAB) at June 22 oral argument wrestled with the scope of the agency's power to restrict the sale of pesticides already conditionally approved for the marketplace, saying they will seek further information from EPA on the authority that an agency lawyer says is "not explicitly" limited. Bayer CropScience is urging EAB to overturn EPA Chief Administrative Law Judge (ALJ) Susan Biro's June 1 order that backed the agency's authority to quickly cancel the conditionally registered pesticide flubendiamide using a novel process under section 6(e) of the Federal, Insecticide, Fungicide, and Rodenticide Act (FIFRA). Biro also upheld the agency's ban on sales of existing stocks of the pesticide.