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April 7, 2016

Inside EPA Quotes Lisa Campbell and Timothy Backstrom In Article “Bayer Eyes Rare FIFRA Hearing to Challenge EPA Pesticide Cancellation”

Bergeson & Campbell, P.C.

On April 5, 2016, Inside EPA included comments from a Pesticide Law and Policy Blog post written by B&C partner Lisa Campbell and B&C attorney Timothy Backstrom in the article “Bayer Eyes Rare FIFRA Hearing To Challenge EPA Pesticide Cancellation.” 

Observers tracking the case say that whether the Office of Administrative Law Judges (ALJ) requires EPA to follow the lengthier cancellation process under FIFRA section 6(b) could inform EPA’s pesticide cancellation process moving forward.

In a March 1, 2016, blog, Lisa Campbell and Timothy Backstrom, of the law firm Bergeson & Campbell, P.C., say the pesticide industry will closely watch how the ALJ resolves Bayer’s call for EPA to follow a more in-depth cancellation process.

“The critical issue is whether EPA can effectively circumvent the adjudicatory hearing that would otherwise be available on the substance of EPA’s determination concerning risks and benefits by imposing a condition that requires affected registrants to accept EPA’s determination,” the authors say.