The Special Case of Pesticides: Science and Regulation

Pesticide regulation is a data-intensive activity that is strongly controlled at the federal level. The pesticide law FIFRA controls pesticide sale, use, and disposal. Normal use of pesticides is excluded under RCRA and CERCLA. There are approximately 1,000 pesticide active ingredients with highly diverse functions ranging from insecticides to disinfectants and pheromones (insect sex attractants). There is a relatively large database on many pesticides, which helps reduce uncertainty in risk assessments. Witnesses subject to Daubert should be familiar with the data as well as the computer models designed for pesticides. “Inert” ingredients that are formulated with the pesticide active ingredients can become issues in torts cases. Federal courts have ruled both in favor and against FIFRA preemption, i.e., the ability of a plaintiff to seek relief in a torts case may be blocked by FIFRA. Golf course permitting provides a special land use whereby fundamental pesticide risk and regulatory issues are debated at the level of local planning and zoning commissions.