Court Rejects Industry Challenge to NMFS Pesticides BiOp
On October 31, 2011, the United States District Court for Maryland rejected industry challenges to a biological opinion issued by NMFS for the pesticides chlorpyrifos, malathion and Diazinon, and their effects on salmon. This BiOp is part of court ordered consultation between EPA and NMFS during EPA’s FIFRA pesticides registration process. Dow AgroSciences, LLC, Makhteshim Agan of North America, Inc., and Cheminova, Inc. USA, challenged NMFS’ BiOp, alleging various violations of the Administrative Procedure Act and the Endangered Species Act.
The Court’s opinion is attached below.
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