Monsanto v. Durnell · ¶77

As described at length above, however, Durnell’s policy concern about regulatory lag is amply addressed by the extensive processes that FIFRA and EPA’s implementing regulations have established to respond to new or evolving safety information. For example, manufacturers must apprise EPA of new information “regarding unreasonable adverse effects” of their pesticides. §136d(a)(2). That obligation is backed by civil and criminal penalties. §136l.

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