Nat. Res. Def. Council v. EPA

摘要

Environmental Protection Agency conditional registration of nanosilver pesticide under Federal Insecticide, Fungicide, and Rodenticide Act must be vacated, because, even though EPA provided substantial evidence for its findings that nanosilver has lower application rate than conventional-silver pesticides and nanosilver is less likely than conventional-silver pesticides to release silver into environment in detectable quantities: (1) EPA found conditional registration is in public interest based on potential to reduce amount of silver to environment, (2) finding is based on assumptions that current users of conventional-silver pesticides will switch to nanosilver and that nanosilver will not be incorporated into new products to extent that amount of silver released into environment will increase, (3) EPA cited no evidence to substantiate its assumptions, and (4) FIFRA requires determination based on substantial evidence that use of pesticide is in public interest and not merely potential to be in public interest.