Federal Court Now Prefers Science-Based Regulatory Review

By Xyla Joelle L. Fernandez

Nov 23 2016, 06:00 AM EST

California federal court ruled in favor of the U.S. Environmental Protection Agency (EPA) and an industry coalition including CropLife America, the American Seed Trade Association, the Agricultural Retailers Association, the National Cotton Council of America, the American Soybean Association, the National Association of Wheat Growers and the National Corn Growers Association (Intervenors) in Anderson v. EPA, a lawsuit brought against EPA by a number of plaintiffs. The Court ruled in favor of EPA and the Intervenors and against Plaintiffs on each of the Plaintiffs' claims.

The court had found that the 2013 Bee Guidance document on which Plaintiffs had relied neither "agency action" nor "final" under the Administrative Procedure Act. Because of this, Plaintiffs claim is not reviewable by a Court.

Plaintiffs had asked the court to order EPA to regulate seeds treated with pesticides as if the seeds were the pesticides themselves, the result of which would be to unnecessarily duplicate EPA's science-based regulatory review of the active ingredients used in treatment products.

President and CEO of CLA, Jay Vroom said that CLA applauds the court for reinforcing the importance of decisions built on the foundation of the established science-based reviews of crop protection products. And he also said that the members depend on the consistency of the regulatory process for them to ensure they are able to get new an more advanced products to market. He also added that while they are ensuring the said products it had already been thoroughly tested for environmental and human health safety.

The said decision had said to protect the ability of growers to continue using seed treatment technology that is very vital to American agriculture.

The EPA or Environmental Protection Agency was given the permit to retain its current regulatory approach for treated seeds and allow EPA and the agricultural value chain to continue their important work on pollinator health issues.

The CLA is said to be an active member of a number of coalitions addressing the concern regarding pollinator health through research and innovation.