Court Calls for Judicial Review of Agency's Biological Opinion for Salmon

03/03/2011 -

A highly controversial National Marine Fisheries Service (NMFS) assessment concluding that farmers in California and the Pacific Northwest need to adopt stringent new restrictions in order to protect salmon from exposure to pesticides will now undergo judicial review, based on a recent ruling by the U.S. Court of Appeals for the Fourth Circuit.

Dow AgroSciences looks forward to having this case decided on the merits in District Court. Dow AgroSciences and other registrants will ask the Court to require NMFS to set aside its Biological Opinion for chlorpyrifos and two other insecticide products (the BiOp) and, in issuing a new one, to consider all the data and use “the best scientific and commercial data available,” as required by the Endangered Species Act (16 U.S.C. § 1536(a)(2)).

Beyond this court case, and in concert with growers and other interested parties, Dow AgroSciences will continue to press for sound regulatory policies for the protection of endangered species, including assessments grounded in the best available science and actual product use conditions and use of the extensive monitoring data that has been developed to document water quality in affected areas over years of regulatory oversight.

Learn more about the Appellate Court decision.

Related: salmon » BiOp » NMFS

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