NRDC V. USEPA

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Petitioners sought review of the EPA's conditional registration of the pesticide NSPW-L30SS, an antimicrobial materials preservative that uses nanosilver as its active ingredient. The Ninth Circuit held that the EPA failed to support the public-interest finding with substantial evidence under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136a(c)(7)(C). The panel explained that the EPA's finding that current users of conventional-silver pesticides will switch to NSPW and/or that NSPW will not be incorporated into new products relied on unsubstantiated assumptions. Accordingly, the panel vacated the EPA's conditional registration of NSPW. View "NRDC V. USEPA" on Justia Law