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Environmental Law
Environmental Protection
Federal Insecticide, Fungicide and Rodenticide Act

Jeff Anderson, Bret Adee, David Hackenberg, Lucas Criswell, Gail Fuller, Center for Food Safety, American Bird Conservancy, Pesticide Action Network North America, Pollinator Stewardship Council v. Gina McCarthy, Environmental Protection Agency (Defendants) and Croplife America, American Seed Trade Association, Agricultural Retailers Association, A

Published: Dec. 24, 2016 | Result Date: Nov. 21, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 3:16-cv-00068-WHA Summary Judgment –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Amy L. van Saun
(Center for Food Safety)

Adam Keats
(Center for Food Safety)

Peter T. Jenkins


Defendant

John C. Cruden

Martha C. Mann
(U.S. Dept. of Justice)


Facts

Jeff Anderson, Bret Adee, David Hackenberg, Lucas Criswell, Gail Fuller, Center for Food Safety, American Bird Conservancy, Pesticide Action Network North America, and Pollinator Stewardship Council, sued the Environmental Protection Agency, Gina McCarthy; Croplife America, American Seed Trade Association, Agricultural Retailers Association, American Soybean Association, National Cotton Council of America, and National Association of Wheat Growers. National Corn Growers Association joined in as defendant-intervenors.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that seeds covered in neonicotidoids, an insecticide, washes off and contaminates soil and water. In the process, it kills off large populations of insects, like bees. Plaintiffs filed this lawsuit seeking to force the EPA to enforce the Federal Insecticide, Fungicide, and Rodenticide Act. The Act was allegedly aimed at protecting consumers, farmers, and the environment from the harmful effect of chemicals.

DEFENDANTS' CONTENTIONS:
The federal government argued that the court lacked jurisdiction over the action. As such, it moved for summary judgment, arguing that plaintiffs failed to show they even have standing to challenge the agency's decision not to use FIFRA.

Result

The court found it lacked jurisdiction and sided with the EPA over the dispute over pesticide.

Other Information

FILING DATE: Jan. 6, 2016.


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