Natural Resources Defense Council v. U.S. Environmental Protection Agency

The Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. §§ 136 -136y, governs the sale, use, and distribution of pesticides. Under FIFRA, a pesticide generally must be registered with the Environmental Protection Agency (“EPA”) before it is sold or distributed. Id. § 136a(a). In order to obtain pesticide registration, an applicant must submit sufficient data “concerning the product’s health, safety, and environmental effects.” Pollinator Stewardship Council v. EPA, 806 F.3d 520, 523 (9th Cir. 2015). The registration requirement thus enables the EPA to prohibit pesticides that will cause “unreasonable adverse effects on the environment.” Id. (quoting 7 U.S.C. § 136a(c)(5)). Sometimes, however, the EPA may receive sufficient data to determine that short-term use of a pesticide is reasonable, but not enough data regarding its long-term use. See 7 U.S.C. § 136a(c)(7)(C). If the EPA lacks this data “because a period reasonably sufficient for generation of the data has not elapsed since the [EPA] first imposed the data requirement,” the EPA may grant a temporary, conditional registration. Id. But, to issue the conditional registration, the EPA must first…