Northwest Coalition v. Epa

BACKGROUND

I.

The EPA regulates pesticides under two statutes: the Fed- eral Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136-136y, and the Federal Food, Drug, and Cos- metic Act (“FDCA”), 21 U.S.C. § 346a.

Under FIFRA, pesticides sold in the United States must be registered by the EPA. 7 U.S.C. § 136a. The EPA may not register a pesticide unless the pesticide will perform its intended function without causing “any unreasonable adverse effects on the environment.” 7 U.S.C. § 136a(c)(5)(C).

The FDCA authorizes the EPA to set “tolerances” for pesti- cide residues in food. 21 U.S.C. § 346a(b). “A tolerance is the maximum allowable amount of pesticide that may remain in or on a commodity.” Nader v. EPA, 859 F.2d 747, 748 (9th Cir. 1988). The EPA may “establish or leave in effect a toler- ance for a pesticide chemical residue in or on a food only if [the EPA] determines that the tolerance is safe.” 21 U.S.C. § 346a(b)(2)(A)(i). The term “safe” is defined to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, includ- ing all anticipated dietary exposures and all other exposures for which…