United States Ninth Circuit

A petition for review of a decision of the Environmental Protection Agency (EPA) granting an application for conditional registration of two pesticides that an applicant sought to apply to manufactured textiles such as clothing, blankets, and carpet, is granted in part and denied in part, and remanded, where: 1) petitioner has standing; 2) substantial evidence supported the EPA's decision to use the characteristics of toddlers rather than infants in determining whether the pesticide placed consumers at risk; 3) the EPA's decision is vacated insofar as it concluded that there was no risk concern requiring mitigation for short- and intermediate-term aggregate oral and dermal exposure to textiles that are surface-coated with the pesticide; and 4) substantial evidence supported the EPA's decision not to consider additional sources of exposure to nanosilver other than the pesticide in concluding that the product would not have adverse effects on consumers.

Appellate Information

• Decided 11/07/2013
• Published 11/07/2013

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel