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IN COURT

  • 29/09/2006

Pesticide rule struck down: A US district court has overturned a federal government's changed rule governing pesticide use, because it fails to follow the Endangered Species Act in licensing pesticides for sale. The court found that the changes lack scientific justification. This is for the second time in recent years that the court ruled against federal agencies for failing to follow the Endangered Species Act. The Endangered Species Act requires the US Environment Protection Agency to consult wildlife specialists in the National Marine Fisheries Service or the US Fish and Wildlife Service to apply the best available science to protect endangered species. But in 2001, the environmental groups sued EPA for failing to consult the bodies before allowing certain pesticides to be sold. The court had then ordered the agency to conduct such consultations. But instead, in 2004, the federal administration created a new rule allowing officials to ignore the consultation requirement.

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