Pesticide Action Network N. Am. v. EPA (In re Pesticide Action Network N. Am.)

摘要

Environmental groups are not entitled to writ of mandamus requiring Environmental Protection Agency to respond within six months to petition groups filed to ban chlor- pyrifos pesticide under Federal Food, Drug, and Cosmetic Act and Federal Insecticide, Fungicide, and Rodenticide Act, because: (1) time EPA has taken to consider petition is not unreasonable given complexity of issues involved, (2) FFDCA and FIFRA do not require EPA to respond within particular timeline and instead require EPA to prioritize other petitions, (3) scope of potential harms and fact that decision involves human health do not justify issuing writ of mandamus in light of EPA finding that current authorized exposure to pesticide is safe and will not result in significant risk, and (4) EPA proposed timetable is reasonable in light of competing priorities.