EAB Upholds EPA Cancellation Of Flubendiamide Registrations

On 29 July, 2016, the Environmental Appeals Board (EAB) issued its Final Decision and Order (Order)upholding the ALJ Initial Decision and an earlier order denying BCS/NAI’s Motion for Accelerated Decision that held that EPA was authorised to cancel the conditional flubendiamide registrations under FIFRA Section 6(e) and did not need to provide BCS/NAI the full Section 6(b) cancellation process. The Board also upheld EPA’s determination prohibiting BCS/NAI from the continued sale, distribution, and use of existing stocks of flubendiamide products, but found that EPA’s determination to prohibit the continued sale and distribution of existing stocks of flubendiamide end-use products by distributors and retailers other than BCS/NAI was not supported by the record.

The National Law Review, 15 August 2016 ;http://www.natlawreview.com ;