NPMA Participates in Legal Roundtable
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NPMA recently participated in a legal roundtable at CropLife America (CLA). It has been a busy couple of months on the legal front for pesticides. Updates were provided on Waters of the U.S. (WOTUS) litigation and Endangered Species Act (ESA) litigation. Two significant pesticide victories were highlighted. First, the Ninth Circuit struck down a local ordinance in Hawaii that attempted to regulate pesticides. The court stated "Hawaii Pesticides Law comprehensively regulates pesticides and creates a clear inference of legislative intent to preempt local regulations of pesticides." This is significant because Hawaii does not have express preemption. Second, in Anderson et al. v. McCarthy et al a challenge brought by beekeepers and environmental activists against the EPA for not properly regulating treating seeds as pesticides rather than a protected article failed on procedural grounds. NPMA appreciates the opportunity to collaborate with CLA and industry allies on emerging legal issues.
