IBJNews

Dow AgroSciences wins bid to overturn pesticide guidelines

Back to TopCommentsE-mailPrintBookmark and Share

Indianapolis-based Dow Agrosciences LLC and two other pesticide makers won a bid to overturn U.S. National Marine Fisheries Service proposals to protect salmon when an appeals court found the agency’s decision “arbitrary and capricious.”

The fisheries service recommendations to protect salmon from the pesticides chlorpyrifos, diazinon and malathion were based “on a selection of data, tests and standards that did not always appear logical, obvious or even rational,” the appeals panel in Richmond, Va., ruled Thursday, reversing a lower court and sending the proposals back to the fisheries service.

The fisheries office also failed to supply an economic reason to ban pesticides from buffer strips of land abutting salmon habitats, according to the ruling by Judge Paul Niemeyer, writing for a three-judge panel.

“By not addressing the economic feasibility of its proposed ‘reasonable and prudent’ alternative providing for one-size-fits all buffers, the Fisheries Service has made it impossible for us to review whether the recommendation satisfied the regulation and therefore was the product of reasoned decision-making,” Niemeyer wrote.

The fisheries service, a unit of the National Oceanic and Atmospheric Administration, is reviewing the ruling, Fionna Matheson, a NOAA spokeswoman, said in an e-mail.

Stephen Mashuda, an attorney for Earthjustice, a San Francisco-based environmental advocacy group that joined the case on the government side, predicted that the fisheries service will be able to supply the evidence to back up its position the the pesticides pose a threat to salmon and related species, such as steelhead trout.

“We’re still confident that the agency’s ultimate conclusions about the pesticides will stand,” Mashuda said. “These are three of the most toxic pesticides on the planet, to wildlife and to humans.”

Garry Hamlin, a spokesman for Dow Agrosciences, said the company is pleased by the ruling.

Dow was joined in the case by Makhteshim Agan of North America Inc. and Cheminova Inc. U.S.A.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. Those of you yelling to deport them all should at least understand that the law allows minors (if not from a bordering country) to argue for asylum. If you don't like the law, you can petition Congress to change it. But you can't blindly scream that they all need to be deported now, unless you want your government to just decide which laws to follow and which to ignore.

  2. 52,000 children in a country with a population of nearly 300 million is decimal dust or a nano-amount of people that can be easily absorbed. In addition, the flow of children from central American countries is decreasing. BL - the country can easily absorb these children while at the same time trying to discourage more children from coming. There is tension between economic concerns and the values of Judeo-Christian believers. But, I cannot see how the economic argument can stand up against the values of the believers, which most people in this country espouse (but perhaps don't practice). The Governor, who is an alleged religious man and a family man, seems to favor the economic argument; I do not see how his position is tenable under the circumstances. Yes, this is a complicated situation made worse by politics but....these are helpless children without parents and many want to simply "ship" them back to who knows where. Where are our Hoosier hearts? I thought the term Hoosier was synonymous with hospitable.

  3. Illegal aliens. Not undocumented workers (too young anyway). I note that this article never uses the word illegal and calls them immigrants. Being married to a naturalized citizen, these people are criminals and need to be deported as soon as humanly possible. The border needs to be closed NOW.

  4. Send them back NOW.

  5. deport now

ADVERTISEMENT