Risk from ruling opens need for coverage

Pesticide manufacturers need risk coverage despite non-disclosure ruling

Environmental

By Allie Sanchez

A Federal Court recently ruled that the US Environmental Protection Agency (EPA) is under no obligation to force pesticide manufacturers to disclose inert but potentially hazardous ingredients in their products.

While this ruling protects manufacturers, they will still need insurance coverage for bodily injury, natural resource damage and property damage from pollution events, among others because of the contestable provisions in the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

California judge William Orrick said in his ruling that the EPA is not mandated to require manufacturers to divulge the inert ingredients in their pesticides.

The organisations Centre for Environmental Health, Beyond Pesticides, and Physicians for Social Responsibility, claimed in their suit that the agency is failing in its legal duty to protect consumers from harmful pesticide ingredients. Yana Garcia, their counsel also said that the toxic ingredients clearly pose “unreasonable risk” covered for protection under US law.

The litigants are considering appealing the ruling.
 

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