A district court denied the state of Illinois' motion to remand to state court a lawsuit concerning three companies' manufacturing and subsequent disposal of polychlorinated biphenyls (PCBs). Illinois filed suit in state court, arguing the companies manufactured, marketed, and sold PCBs that led to ...

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, viola...

The D.C. Circuit, 2-1, granted a joint motion to hold in abeyance four petitions to invalidate pesticide registration orders issued by EPA. Conservation groups initially petitioned the court for vacatur and remand of five registrations for failure to comply with the ESA. The parties then jointly req...

In an unpublished opinion, the Ninth Circuit granted in part environmental groups' petition to review EPA's registration of a new fungicide called inpyrfluxam. The groups argued EPA failed to make an effects determination under §7(a)(2) of the ESA and to consult with federal wildlife agencies, and ...

The Ninth Circuit granted in part and denied in part a petition to review EPA's determination that glyphosate did not pose "any unreasonable risk to man or the environment." Nonprofit groups challenged the Agency's determination, arguing that EPA did not adequately consider whether the weedkiller ca...

The Ninth Circuit vacated EPA's denial of a petition to cancel the registration of the pesticide tetrachlorvinphos (TCVP). An environmental group petitioned the Agency to cancel the registration of TCVP for use in household pet products, and EPA denied the petition. The group argued the Agency erred...

A district court denied nonprofit groups' motion for summary judgment in a challenge to FDA's denial of the group's petition concerning a threshold of regulation (TOR) exemption that allowed the inclusion of sodium perchlorate monohydrate in food-contact materials. The groups argued FDA violated the...

The Ninth Circuit affirmed a district court order granting a nonprofit business group's motion to preliminarily enjoin California's attorney general from filing or prosecuting new lawsuits to enforce the state's Proposition 65 warning requirement for cancer as applied to acrylamide in food and bever...

The Second Circuit denied two petitions to review EPA's final rule restricting access by customers to methylene chloride. A solvent company challenged the rule, arguing that the method of restricting customer use was arbitrary and capricious because of its incidental impact on commercial uses, and t...

The D.C. Circuit vacated EPA's authorization of the pesticide aldicarb for use on oranges and grapefruit in Florida. EPA had moved to remand without vacatur. The court found the Agency itself acknowledged it did not make an effects determination as required by §7(a)(2) of the ESA, and that it admit...