ELR Citation: 53 ELR 20002
No(s). 19-72109 (9th Cir. Dec 21, 2022)

The Ninth Circuit granted in part and denied in part petitions to review EPA's 2019 amended registration of the pesticide sulfoxaflor. Environmental groups alleged that the registration, which unconditionally approved new uses of sulfoxaflor requested by the company that created the pesticide, violated the ESA and FIFRA. The court found EPA violated the ESA's mandate that it determine whether the pesticide may affect endangered or threatened species or their habitat, and if so, consult other wildlife agencies to consider its impact; and that it failed to meet FIFRA's notice-and-comment requirement because it did not allow the public to comment on the requested amendments to the previous registration. It did not vacate the Agency's decision because it found that vacatur might end up harming the environment more and disrupting the agricultural industry, but rather remanded to EPA with directions to act immediately to address the deficiencies.