Get complete, dependable coverage of the regulation at every stage in the chemical life cycle, including comprehensive news on REACH, the Toxic Substances Control Act, up-to-date HAZMAT guidance,...
May 10 — An administrative law judge handed the international chemical company Bayer a setback in its legal fight over a pesticide cancellation with the Environmental Protection Agency.
Bayer is challenging the EPA's ban on flubendiamide, the active ingredient in its bug killer Belt, by arguing that the agency relied on faulty science when it determined the chemical harms the environment (40 CRR 276, 3/7/16).
But Susan Biro, the EPA's chief administrative law judge, ruled that any evidence about the safety of flubendiamide would be inadmissible in the proceedings, according to her May 3 order (In re: Bayer Crop Science, EPA, FIFRA-HQ-2016-0001, order on motion to limit scope of testimony, 5/3/16).
As a result, a legal hearing in the case that began May 10 at EPA headquarters in Washington is centered on the narrow issue of what should be done with existing stocks of flubendiamide—not, as Bayer had hoped, on the broader issue of whether the EPA had the right to take the chemical off the market.
The EPA originally granted Bayer a conditional registration to sell flubendiamide products in 2008. One of the conditions of the registration, according to the EPA, was that if new scientific information materialized on the risks posed by the chemical, Bayer would voluntarily pull its flubendiamide products from the shelves.
Then, earlier this year, the EPA asked Bayer to do just that, citing new data showing the product harmed certain aquatic invertebrates. The company refused and said the EPA was using faulty scientific models that exaggerated flubendiamide's ecological effects.
The EPA then unilaterally enacted a ban on flubendiamide, arguing that Bayer violated one of the conditions of its registration by refusing to voluntarily remove it from the marketplace.
Bayer had hoped to wage a legal challenge against this action by the EPA, which could have set a precedent for how the agency handles conditional registrations, but Biro's order effectively blocks the company from doing so—at least for the time being.
Jeffrey Donald, a Bayer spokesman, told Bloomberg BNA that his company will almost definitely elect to challenge Biro's order before the EPA's Environmental Appeals Board. If Bayer loses before the EAB, it will then have the option of taking its case directly to a U.S. Court of Appeals.
To contact the reporter on this story: David Schultz in Washington at email@example.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
Judge Biro's May 3 order limiting the scope of Bayer's legal challenge is available at http://src.bna.com/eRa.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)