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)
Defendant
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.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390