EPA Allows More Public Review on Pesticides

March 22, 2001

The Environmental Protection Agency has submitted an amended consent decree to the federal district court in California that "will guarantee new opportunities for public participation and additional external review of critical pesticide decisions," according to EPA Administrator Christine Whitman. The decree was an effort to resolve lawsuits and were the result of negotiations among EPA, the Natural Resources Defense Council and representatives of the pesticide industry and farmers.

Erik Olson, NRDC senior attorney, said the decision was "a positive step for public health and the environment" and provides "a glimmer of hope." Whitman "did the right thing in standing by the agreement. Now her agency needs to get back on schedule and review pesticides, many of which threaten the health of our children."

The NRDC had challenged EPA's failure to meet deadlines established by the 1996 Food Quality Protection Act (FQPA) for conducting health and safety reviews of pesticides. Over the last few weeks, NRDC agreed to certain modifications of the settlement in response to pesticide industry and Bush administration concerns. The modifications include assurances that there will be more opportunity for industry and public comment on EPA decisions. In addition, EPA and NRDC and its co-plaintiffs agreed on a four-month extension of a deadline by which the agency has to rule on the risks posed by the insecticide phosmet.

NRDC filed the original suit in federal court in the Northern District of California where a hearing has been scheduled for April 6. The pesticide industry, agribusiness interests, and animal rights groups have challenged the settlement. The court will decide at the hearing or thereafter whether to approve the settlement.

"We expect the court to uphold the settlement, but if it doesn't, NRDC is prepared to file another lawsuit," said Olson. "Congress passed the Food Quality Protection Act unanimously, and NRDC will not give up until the law is implemented. There is no reason to continue to threaten the health of our children, especially when there are safer pesticides available."

Efforts to obtain a statement from the American Crop Protection Association by deadline proved unsuccessful.

Whitman said EPA has set "specific milestones for the review of certain pesticides, and EPA will meet deadlines required by the Food Quality Protection Act (FQPA) to reassess existing pesticides using current health and safety standards. We will do so using a rigorous scientific review process that will allow extensive opportunity for public involvement and comment, to ensure that all perspectives are heard."