This week, the Court orders the EPA to reexamine its approval of
a pesticide used in pet collars, and addresses the federal statute
prohibiting forced labor.
The Court holds that EPA denial of a petition to cancel
pesticide registration was not supported by substantial evidence
and could not be justified by post-hoc rationalizations.
The Panel: Chief Judge Murguia, Judge Cole
(CA6), and Judge Gould, with Judge Gould writing the opinion.
Key Highlight: "At times, NRDC's
efforts to receive a reasoned response from EPA have seemed
Sisyphean as the agency consistently delayed its decision. After
NRDC had doggedly pursued this matter for more than a dozen years .
. . NRDC was justified in expecting a rational, supported, and
reasoned response from EPA. EPA, though, did not provide a
well-reasoned or reasonable decision."
