fifra

The Top-Ten Lower Court Decisions on Environmental Law

Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.

The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions. 

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Small Steps on Nanosilver

Regulation often develops through accretion rather than bold paradigm shifts, at least in its nascent stages.  Nanotechnology appears to be no exception.  In mid-September, the agency announced an upcoming meeting of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) focused on the use of nanoscale silver and other nanomaterials in pesticides.  …

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Atrazine in drinking water

Atrazine is suddenly very much in the news. Today’s New York Times features a major story about whether the EPA’s current standard for acceptable levels of atrazine in drinking water is tight enough to protect human health. Yesterday’s Peoria Journal carried a story about a class action lawsuit filed in Illinois state court against Syngenta, …

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National Cotton Council ruling stayed

In National Cotton Council v. EPA, the Sixth Circuit in January overturned an EPA rule exempting pesticides applied in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) from the Clean Water Act’s permitting requirements. On EPA’s request, the court has now stayed the effect of that ruling until April 9, 2011, giving the …

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