The Second Circuit Court of Appeals has remanded an EP A order that denied objections to the agency’s approval of the pesticide dichlorvos (DDVP). NRDC v. EPA, No. 08-3771 (2d Cir. 9/16/11). In 2006, NR DC petitioned EP A seeking a ban on DDVP. The agency denied that petition in 2008 and then denied a request by NR DC for a hearing on a human study used by the agency in approving DDVP.
NR DC challenged EP A’s denial of its petition and request for hearing, arguing that EP A relied on a 1997 human-dosing study, but failed to explain why its risk assessment did not apply the default children’s safety factor required by the Food Quality Protection Act (FQPA). The court held that EP A’s failure to explain its non-use of the default factor was arbitrary and capricious. The court also ruled that the agency’s reliance on the human-dosing study, which was an industry study, to prove the pesticide’s safety failed to comply with the FQPA. Under the statute, the agency was required to set standards for children’s exposure based on an additional tenfold margin of safety.