Supreme Court refuses to hear carbofuran case

05/31/2011 01:37:00 PM
Vicky Boyd

The U.S. Supreme Court has denied a petition by FMC Corp. to review a lower court ruling that upheld the Environmental Protection Agency's decision on the insecticide carbofuran.

The appellate court had ruled the EPA was within its authority to deny an administrative hearing on the revocation of domestic tolerances for carbofuran, marketed as Furadan.

Without tolerances, anybody who used the insecticide risked having having their crop rejected.

Philadelphia-based FMC and three grower groups, including the National Potato Council, had petitioned the Supreme Court to hear the case.

The U.S. Court of Appeals for the D.C. Circuit earlier reinstated import tolerances for carbofuran for rice, bananas, coffee and sugar cane, noting in its written opinion that the EPA had acknowledged that “exposure to carbofuran in imported foods alone is safe.”

In reinstating the tolerances, the court ruled that EPA's actions were "arbitrary and capricious."

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