FMC, grower groups seek Supreme Court review in carbofuran case

Asserting that the ramifications of the case extend to a variety of products and goods, far beyond pesticides, FMC and three grower groups asked the U.S. Supreme Court today to review an appellate court decision upholding EPA's denial of a hearing request regarding its decision to revoke carbofuran tolerances.

The hearing requirement and administrative summary judgment type procedures at issue in the case are "comparable to other hearing requirements administered by EPA, [the Food and Drug Administration], and [the Consumer Product Safety Commission] concerning an array of important products and goods: from medical devices, prescription drugs, agriculture, food and food additives and cosmetics, to a myriad of consumer products ... [that] account for a substantial portion of the national economy," states the petition for certiorari, filed by FMC along with the National Corn Growers Association, the National Sunflower Association and the National Potato Council.