A federal court in the District of Columbia has vacated an EP A stop-sale, use or removal order issued to a pesticide manufacturer because the order was signed by EP A’s Waste and Chemical Enforcement Division director, who the court found lacked statutory authority to issue the order. Am. Vanguard Corp. v. Jackson, No. 10-1459 (D.D.C. 8/17/11). EP A signed the order on August 12, 2010, after it allegedly became aware of an impurity in the pesticide which is marketed to golf courses.
Under FIFR A, authority to issue stop-sale orders is vested in the EP A administrator and “may with like force and effect be executed by such employees of the [EP A] as the Administrator may designate for that purpose.” According to the court, authority to issue stop-sale orders was delegated in May 1994 to the assistant EP A administrator for Enforcement and Compliance Assurance and, in August 1994, re-delegated to the director of the Toxics and Pesticides Enforcement Division. The court found nothing in the documents EP A presented that transferred “FIFR A-related authority” to the Waste and Chemical Enforcement Division director.