Court finds EPA lacked “substantial evidence” to register nanosilver-based pesticide

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When I last posted about nanomaterials—in connection with the Environmental Protection Agency’s March 19, 2015 response to a petition for rulemaking on nanosilver—I predicted that more “nano-disputes” would soon make their way into court.  Sure enough, the Ninth Circuit recently revoked the EPA’s conditional registration of the second registered nanosilver-based materials preservative on the market, NSPW-LS0SS (“NSPW”).  National Resources Defense Council v. U.S. Environmental Protection Agency, No. 15-72308 (9th Cir. May 30, 2017).

In its 2015 response discussed in my prior post, the EPA agreed to treat as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) products containing nanoscale silver if intended for “pesticidal purposes.”  FIFRA governs the sale, use, and dist

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