Bayer’s Motion for Accelerated Decision
5/3/2016byLisa Burchi, Lisa Campbell | Bergeson & Campbell, P.C.
On April 25, 2016, the U.S. Environmental Protection Agency’s (EPA) Administrative Law Judge (ALJ) Susan L. Biro issued an order denying Petitioners Bayer CropScience LP and Nichino America, Inc.’s (BCS/NAI or Petitioners) motion for accelerated decision and deciding that the abbreviated Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) Section 6(e) cancellation hearing, rather than the full Section 6(b) process, was appropriate (Order). This decision is significant and, if it stands, could have far-reaching impact on easing EPA’s potential ability to cancel conditionally registered pesticide products
By Juan Carlos Rodriguez
Law360, New York (June 3, 2016, 7:32 PM ET) -- A U.S. Environmental Protection Agency administrative judge on Wednesday upheld the agency’s decision to cancel EPA approval of the pesticide flubendiamide, finding Bayer CropScience LP and Nichino America Inc. failed to comply with the chemical’s registration conditions.
Bayer and the subsidiary of Japan-based Nihon Nohyaku. Ltd. in 2006 had asked the EPA to register flubendiamide as a pesticide targeted at insects like butterflies and moths. After some negotiation, the agency and the companies reached an agreement that would govern the conditional registrations for two flubendiamide products.
The EPA gave Bayer and Nichino a time-limited registration with the condition that if the agency found “unreasonable adverse effects on the environment,” the companies would submit a notice for voluntary cancellation of the flubendiamide products.
In March 2016 the agency said studies showed flubendiamide can break down into a toxic material that can harm aquatic invertebrate animals ― such as insects, crustaceans and worms ― that are important to maintaining healthy aquatic environments, concluding that continued use of the product would result in unreasonable adverse effects on the environment.
After being notified about the EPA’s findings in February, the agency said, the companies refused to voluntarily cancel their registrations, so the agency initiated its own cancellation process, which the companies then challenged.
But on Wednesday, EPA Chief Administrative Law Judge Susan L. Biro in an initial decision rejected the companies’ argument that the agency did not comply with its obligations prior to issuing a voluntary cancellation demand.
Bayer won't pursue court appeal of Belt cancellation By Stephen Davies
Agri-Pulse Communications, Inc.
WASHINGTON, Sept. 28, 2016 - Bayer CropScience has decided to drop any further attempts to challenge cancellation of its registration for the insecticide flubendiamide, which it had sold under the trade name Belt.
The company made the announcement today, the deadline for filing an appeal in federal court of an EPA Environmental Appeals Board (EAB) decision in July, which upheld a previous ruling by an agency administrative law judge (ALJ).