Court Dismisses Association's Appeal to NRDC Consent Decree
The 9th Circuit Court of Appeals has dismissed CropLife America's appeal of a consent decree, which the administration signed January 19, 2001, to settle Natural
Resource Defense Council's lawsuit against the EPA claiming slow implementation of Food Quality Protection Act. The court ruled that CropLife America's appeal lacked standing because industry has not yet been harmed by the district court's earlier decision. To have standing, it must be established that industry has suffered injury, that such injury is traceable to the challenged action, and that the injury likely would be redressed by requested relief. CropLife America's appeal alleged such injury, stating that industry would lose rights to sell or purchase safe pesticides as a result of the rushed deadlines agreed to in the consent decree.
The association stated that it was unfortunate that the appellate court avoided ruling on the argument that the district court, in approving the decree, exceeded its jurisdiction and the scope of the relief asked for in the underlying case. Additionally, the appeal court's ruling poses a "catch 22" situation. CropLife America and industry still have the right to challenge unfavorable EPA decisions in court once issued, but the harm imposed from those decisions may be difficult, if not impossible, to correct after the fact. (CropLife America Spotlight, 5/31/02).
