Natural Res. Def. Council v. EPA

This case stemmed from the use of the pesticide dichlorovinyl dimethyl phosphate (DDVP) to kill many types of insects. The NRDC sought review of an EPA order overruling the NRDC's objections to, inter alia, the EPA's risk assessments for the pesticide and denying NRDC's requests for a public evidentiary hearing. Because the EPA conducted certain DDVP risk assessments without using a tenfold children's safety factor that Congress provided should presumptively apply, and the EPA failed to explain why it did not apply this margin of safety, the court granted the NRDC's petition for review in part, vacated the EPA's order in part, and remanded for further proceedings.