Southern Crop

Southern Crop

Ninth Circuit Court of Appeals Issues Decision in “MEGA” Case

Last week, a California federal appeals court issued its long-awaited decision in the Endangered Species Act (ESA) “MEGA” case. Activists first brought this suit in 2009, challenging the registrations of almost 400 pesticide active ingredients. CropLife America (CLA) and other allies joined the case then to defend the Environmental Protection Agency (EPA)’s program, and the lower court has repeatedly ruled in our favor, reducing the activists’ claims to fewer than 50 active ingredients from the hundreds of active ingredients in the original lawsuit. The appeals court has now upheld the lower court’s most recent decision that an activist’s ability to challenge a pesticide registration based on alleged violations of the ESA is controlled by the process protections of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This means that ESA-based challenges to pesticide registrations must generally be brought within 60 days of the registration decision and that the court’s review will be limited to what is in EPA’s records.

This decision does not end the litigation, however. The lower court must now decide whether EPA complied with the ESA when registering individual pesticide products. CLA will continue to represent industry’s interests as the litigation moves forward. Should you have any questions about the “MEGA” litigation, please contact Kristin Landis or Rachel Lattimore.

Related Articles

Suwannee Moccasinshell, a freshwater mussel species found in the Suwannee River Basin in Florida and Georgia – The US Fish and Wildlife Service (FWS) has issued a Final Rule to list the species as threatened. Document Title: The title of the October 6, 2016 FWS Federal Register Final Rule is[…]

Read More »

A class of pesticide linked to declining populations of bees was found year-round in major tributaries to the Great Lakes, and some scientists say the finding suggests the substances also could pose a danger to fish, birds, and aquatic insects.   Read more

Read More »

Leave a Reply

Your email address will not be published. Required fields are marked *