Plaintiffs, three manufacturers of certain pesticides at issue, commenced this action challenging the biological opinion (BiOp) issued by the Service. The BiOp, which the Service provided as part of the EPA’s process of reregistering the pesticides at issue, concluded that these pesticides would jeopardize the viability of certain Pacific salmonids and their habitat and that the pesticides could not be reregistered and therefore used without substantial restriction. The court concluded that the BiOp was not the product of reasoned decisionmaking in that the Service failed to explain or support several assumptions critical to its opinion. To enable a renewed agency process, the court vacated the BiOp and remanded for further proceedings.
Dow AgroSciences LLC v. National Marine Fisheries Serv.
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