Pesticide Action Network N. Am. v. Cal. Dep't of Pesticide Regulation

Good Law
16 Cal. App. 5th 224·2017 Cal. App. LEXIS 917·224 Cal. Rptr. 3d 591·2017 WL 4849021
Court of Appeal of CaliforniaSeptember 19, 2017A145632California9,429 words

Opinion

lead Opinion

Siggins, J.

*232 Defendant California Department of Pesticide Regulation (the Department), approved amended labels for two previously registered pesticides: Dinotefuran 20SG, manufactured by real party in interest Mitsui Chemicals Agro, Inc. (Mitsui), and Venom Insecticide, manufactured by real party in interest Valent U.S.A. Corporation (Valent). The amended labels allowed both pesticides to be used on additional crops and allowed Venom Insecticide to be used in increased quantities. Both pesticides contain the active ingredient dinotefuran, which is from a class of pesticides called neonicotinoids. In approving the labels, the Department concluded uses of both pesticides in accord with the label amendments would cause no significant environmental effect on honeybees or the environment.

Plaintiff Pesticide Action Network North America (PANNA) filed suit challenging the approvals and alleging the Department violated the California Environmental Quality Act (CEQA) by approving the label amendments without sufficient environmental review. The trial court denied PANNA's writ petition, which PANNA appeals. The record demonstrating the Department's efforts at environmental review here were…

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