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Court To NRDC: No A federal District Court has denied the Natural Resources Defense Council's latest attempt to run EPA's pesticide registration program. The Court's decision sends an important message to NRDC and every other private interest group that tries to substitute its scientific judgment for EPA's, or any other federal agency's, through so-called citizen's suits. That message is "no." NRDC was, and presumably still is, dissatisfied with EPA's well-founded decision that the herbicide atrazine does not cause cancer. EPA reached this decision only after years of review, including two reviews by EPA's Science Advisory Panel. Dissatisfied with EPA's decision, NRDC argued to the United States District Court for the Northern District of California that EPA had violated a consent decree involving EPA's non-discretionary duties under FIFRA and the FQPA. The Court denied NRDC's motion, correctly holding that EPA had complied with all its duties under the consent decree. The Court explained in its opinion: " The order approving the consent decree emphasized that the consent decree preserved EPA's discretion to exercise its scientific judgment.... EPA will be given due deference as to scientific judgment." Like NRDC, Winston disagrees with some federal agency actions. Unlike NRDC, Winston does not think he has the right to run the Agency. Winston hopes that NRDC will get the Court's message. |
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