ELR Citation: 53 ELR 20191
No(s). 21-70719 (9th Cir. Dec 13, 2023)

The Ninth Circuit granted in part and denied in part environmental and public interest groups' petition to review EPA's amended pesticide registrations of streptomycin sulfate for use in combating citrus diseases. The groups argued EPA's determination that the registration would not cause "unreasonable adverse effects on the environment" was not supported by substantial evidence. The court found the evidence supported EPA's assessment of the risk that the registration would lead to antibiotic resistance, but that its assessment with respect to pollinators was incomplete and that EPA failed to provide sufficient explanation for the registration labels' suggestion that streptomycin could be used to prevent Huanglongbing disease or citrus canker. Given the seriousness of EPA's failure to comply with the ESA and FIFRA, the court vacated the amended registrations and remanded to the Agency to conduct an ESA effects determination and address the defects in its FIFRA analysis.