EPA Inaction on Pesticide Coated Seed Regulation Draws Lawsuit

The EPA must act on a petition to close a loophole that allows seeds coated with pesticides to avoid the Federal Insecticide, Fungicide, and Rodenticide Act’s registration and labeling requirements, public safety groups told a California federal court.

The Environmental Protection Agency regulates neonicotinoids, which are a type of insecticide. However, the EPA doesn’t regulate neonicotinoid-coated seeds, according to the complaint filed in the U.S. District Court for the Northern District of California.

The agency has a “de facto policy” of treating the seeds as exempt from FIFRA’s requirements. But the “Treated Article” exemption used doesn’t apply, the lawsuit says. ...