"Dow Agrosciences LLC and two other pesticide makers won a bid to overturn U.S. National Marine Fisheries Service proposals to protect salmon when an appeals court found the agency’s decision 'arbitrary and capricious.'"
"The fisheries service recommendations to protect salmon from the pesticides chlorpyrifos, diazinon and malathion were based 'on a selection of data, tests and standards that did not always appear logical, obvious or even rational,' the appeals panel in Richmond, Virginia, ruled today, reversing a lower court and sending the proposals back to the fisheries service.
The fisheries office also failed to supply an economic reason to ban pesticides from buffer strips of land abutting salmon habitats, according to the ruling by Judge Paul Niemeyer, writing for a three-judge panel."
Andrew Zajac reports for Bloomberg February 21, 2013.
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