Beveridge & Diamond

D.C. Circuit Rejects Pesticide Registration Challenge as Untimely

Beveridge & Diamond, P.C., November 8, 2010

In a unanimous published panel decision, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that a challenge to a pesticide registration was untimely when filed more than six years after the Plaintiffs were aware that the pesticide was registered by the USEPA.   Litigators from Beveridge & Diamond's Washington office represented an intervenor in the case on the side of USEPA and successfully argued with the U.S. Department of Justice that the lawsuit was untimely and that the District Court's order of dismissal should be affirmed.  The Court's slip opinion in Hardin v. Jackson can be accessed here and is reported at ____ F.3d. _____, 2010 U.S. App. LEXIS 22452 (D.C. Circuit October 29, 2010). A BNA article on the oral argument in the case can be accessed here.