Federal Ruling Upholds Pesticide Restrictions in Pacific Northwest
14 November 2011 RALEIGH, North Carolina, US – A federal ruling this week upholds restrictions on pesticide applications near Pacific Northwest waters because of a 2008 biological opinion examining the negative environmental impact on the salmon population.
Makhteshim Agan (MAI), Dow AgroSciences and Cheminova USA, filed a lawsuit in the federal court of Maryland against the National Marine Fisheries Service to remove use-restriction guidelines approved in an earlier federal ruling, according to a statement by MAI.
In the suit filed by the manufacturers against the fisheries service, the complaint stated that the biological opinion used insufficient data and modeling, and that the proposed buffers were not scientifically based to establish sound evaluation by the federal court for a comprehensive and fair ruling, MAI said.
The plaintiff companies hold registrations issued by the US EPA that authorize them to sell products containing chlorpyrifos, diazinon and malathion, which are all listed for recommended restrictive use in the biological opinion document.
On Oct. 31, a federal judge upheld the original ruling, which maintains the restricted-use guidelines for these products along with others, MAI said. The ruling leaves in place findings by the fisheries service that applications of products containing chlorpyrifos, diazinon and malathion be prohibited within 500 to 1,000 feet of salmon-bearing streams, depending on if the application is by ground or air.
“The ruling brings disappointment in regards to scientific assessment that diazinon is a safe and effective crop protection input with no adverse impact on wildlife,” Rob Williams, CEO of MANA Crop Protection, the U.S. agricultural division of parent company MAI said in a statement. “MAI respects the court’s decision, yet we will continue to look for an option, including the possibility of an appeal, which will pro-actively support growers with their desire to maintain use practices of this important crop protection tool.”
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