NATURAL RESOURCES DEFENSE COUNCIL v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

No. 09 Civ. 4317 (DLC).

NATURAL RESOURCES DEFENSE COUNCIL and THE XERCES SOCIETY, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant, BAYER CROPSCIENCE LP, Defendant-Intervenor.

United States District Court, S.D. New York.

February 8, 2010.


Attorney(s) appearing for the Case

For Plaintiffs: Aaron Colangelo, Natural Resources Defense Council, Washington, D.C. Nancy Marks, Mitchell Bernard, Natural Resources Defense Council, New York, NY.

For Defendant United States Environmental Protection Agency: Jean-David Barnea, Assistant United States Attorney, New York, NY.

For Defendant-Intervenor Bayer CropScience LP: Daniel Krainin, Beveridge & Diamond, P.C., New York, NY. Anthony Michaels, David Barker, Beveridge & Diamond, P.C., Washington, DC.


OPINION & ORDER

DENISE COTE, District Judge.

Between June 30 and December 16, 2008, the Environmental Protection Agency ("EPA") conditionally approved applications for registrations by Bayer Cropscience LP ("Bayer") for use of the pesticide spirotetramat on hundreds of crops. In doing so, the EPA violated the federal statutory notice and comment requirements. In an Opinion of December 23, 2009, this Court vacated those registrations and remanded the...

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