(Beyond Pesticides, April 2, 2012) Last Wednesday in Federal District Court in Manhattan, family farmers filed their Notice of Appeal to Judge Naomi Buchwald’s February 24th ruling dismissing Organic Seed Growers and Trade Association et al v. Monsanto. The United States Court of Appeals for the Federal Circuit will hear the farmers’ appeal, seeking to reinstate the case, which has received worldwide attention. The farmers are determined to move forward with their lawsuit challenging Monsanto’s patents on genetically engineered seed technologies in order to continue their pursuit of Declaratory Judgment Act court protection from Monsanto’s claims of patent infringement should their crops become contaminated by Monsanto’s seed. “Farmers have the right to protect themselves from being falsely accused of patent infringement by Monsanto before they are contaminated by Monsanto’s transgenic seed,” said Dan Ravicher, Executive Director of the Public Patent Foundation (PUBPAT), a not-for-profit legal services organization based at Benjamin N. Cardozo School of Law that represents the plaintiffs. “Judge Buchwald erred by denying plaintiffs that right and they have now initiated the process of having her decision reversed.” The original complaint in OSGATA et al v. Monsanto was filed on March 29, 2011. In July, Monsanto filed a motion […]

(Beyond Pesticides, March 2, 2012) A U.S. District Court Judge on February 24 dismissed the case of Organic Seed Growers and Trade Association et al v. Monsanto and organic farmers, seed growers, and agricultural organizations vowed to fight on. The plaintiffs filed this lawsuit to shield farmers from being sued for patent infringement by Monsanto should they become contaminated by drift of the company’s genetically engineered seed, a legal strategy Monsanto has been pursuing for years. The case, Organic Seed Growers & Trade Association, et al. v. Monsanto, challenges Monsanto’s patents on genetically modified seed. The suit was originally filed on behalf of 60 plaintiffs on March 29, 2011, with 23 new plaintiffs, including Beyond Pesticides joining on June 1. The 83 plaintiffs involved in the suit represent a combined membership in excess of 300,000 people. Daniel Ravicher, lead attorney for the 81 plaintiffs represented in the lawsuit, said, “While I have great respect for Judge [Naomi] Buchwald, her decision to deny farmers the right to seek legal protection from one of the world’s foremost patent bullies is gravely disappointing.” “Her belief,” added Mr. Ravicher, “that farmers are acting unreasonably when they stop growing certain crops to avoid being sued […]

(Beyond Pesticides, January 20, 2012) A California Superior Court Judge has questioned whether the California Department of Pesticide Regulation (CDPR) complied with its legal obligation to consider alternative options before approving use of the toxic fumigant methyl iodide in 2010. Judge Frank Roesch raised the concern in comments from the bench during a January 13 hearing involving a lawsuit filed by farm worker and environmental organizations against CDPR and the Arysta LifeScience Corporation, which manufactures the methyl iodide products used in the state. The California Environmental Quality Act (CEQA) requires that state agencies consider alternative options to a regulatory action that meets the definition of a “project.” Projects include an action undertaken by a public agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment. A project may not be approved as submitted if feasible alternatives or mitigation measures are able to substantially lessen the significant environmental effects of the project. While CDPR’s pesticide regulations have previously been recognized as “projects” as defined in the CEQA, it is unusual for judicial review to raise concerns about the validity of the alternatives assessments. “Did you consider not approving methyl iodide? […]

(Beyond Pesticides, January 13, 2012) A U.S. District Judge in San Francisco has issued a ruling finding that the U.S. Department of Agriculture’s (USDA) decision to deregulate genetically engineered (GE) alfalfa was not unlawful, as has been charged by organic and environmental advocates, including Beyond Pesticides. Judge Samuel Conti of the U.S. District Court for the Northern District of California found that USDA did not act improperly by deregulating the GE Roundup Ready alfalfa, developed by Monsanto Co., and that the agency’s environmental review of the product was adequate. The plaintiffs in the case, including conventional farmers and seed growers, with Center for Food Safety serving as legal counsel, argued that the environmental impact statement (EIS) the agency prepared failed to take several critical matters into consideration in its evaluation. Among the issues neglected by the EIS are the impacts that the crop would have on endangered species, which advocates hold is required to be considered under the Endangered Species Act, as well as the potential effects that the likely increased pesticide applications would have on the environment. For these reasons, the groups argued that the EIS was woefully incomplete and that the agency’s subsequent deregulation of the GE alfalfa […]

(Beyond Pesticides, January 3, 2012) A coalition of six consumer safety groups filed suit against the U.S. Food and Drug Administration (FDA) on December 21, 2011, citing the FDA’s chronic failure to regulate materials derived from nanotechnology (nanomaterials) used in sunscreens, cosmetics and drugs. The lawsuit demands that FDA respond to a May 2006 petition the coalition filed calling for regulatory actions, including nano-specific product labeling, health and safety testing, and an analysis of the environmental impacts of nanomaterials in products regulated by FDA. The lawsuit cites numerous studies and reports published since 2006 that establish significant data gaps concerning nanomaterials’ potential effects on human health and the environment. Led by the International Center for Technology Assessment (ICTA), the coalition is calling for FDA to take immediate action to assess the actual risks from nanomaterials and implement appropriate protective measures for consumers. While receiving minimal regulatory scrutiny or public attention, nanotechnology is becoming an increasingly prevalent practice for developing the next generation of ingredients in a wide range of consumer products. Generally defined, nanotechnology is the practice of manipulating matter on an atomic or molecular level to produce materials between 1 and 100 nanometers (nm) in size. A nanometer is […]

(Beyond Pesticides, November 30, 2011) A federal judge in southern Illinois has ordered the Swiss parent company of Syngenta Crop Protection Inc. (SCPI), maker of the herbicide atrazine, to appear in court to defend its actions in a water-contamination lawsuit brought last year by Midwestern public water providers. The suit was filed by the law firm Korein Tillery of St. Louis, MO and holds that Syngenta is responsible for the costs the water utilities incurred in order to clean municipal drinking water supplies of atrazine. The order marked the first time the Swiss company has ever been held subject to the jurisdiction of U.S. courts. The notably detailed opinion by District Judge J. Phil Gilbert of the U.S. District Court for the Southern District of Illinois was handed down the day before Thanksgiving and found that Syngenta AG (SAG) — the Basel, Switzerland-based international conglomerate — “has organized its group of subsidiary companies, including SCPI, purposefully to limit the jurisdictions in which it is subject to court authority.” Judge Gilbert focused on substance over form, however, and exercised jurisdiction because voluminous evidence revealed SAG’s pervasive operational control over SCPI — the agrochem giant based in Greensboro, N.C. that manufactures and […]

(Beyond Pesticides, September 7, 2011) California’s approval of the dangerous and controversial agricultural chemical, methyl iodide, suffered serious questions with the release of new documents showing the fumigant’s registration process was flawed. The documents, which were made public as part of a lawsuit challenging the state’s approval of the chemical, show the state’s Department of Pesticide Regulation (DPR) cut and pasted calculations from different risk assessments in order to come up with a less stringent set of restrictions on the chemical’s use. Earlier this year, several environmental groups sued the State of California for approving the agricultural use of methyl iodide. Methyl iodide is known to cause miscarriages, thyroid dysfunction, and cancer, and is applied to crops like strawberries and peppers. It was approved by California state pesticide regulators in December as an alternative to methyl bromide, an ozone-depleting chemical being phased out under international treaty. Environmental advocacy groups and other opponents of methyl iodide use in the state have released documents detailing dissension in the ranks of DPR over the risk assessment of methyl iodide and its subsequent approval. Earthjustice, a nonprofit environmental law group, sued DPR in an attempt to reverse the state’s approval of the chemical. The […]

(Beyond Pesticides, June 24, 2011) Attorneys for farmer and environmental organizations filed a motion in court on Monday to seek partial judgment in their case against Secretary of Agriculture Tom Vilsack regarding his department’s recent deregulation of genetically engineered (GE) alfalfa. The plaintiffs, including the Center for Food Safety, Beyond Pesticides, and several seed and farming organizations, filed a Motion for Partial Summary Judgment on the claim in the lawsuit regarding the Endangered Species Act (ESA). The suit claims that the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is required by the ESA to consult with the U.S. Fish and Wildlife Service (FWS) in decisions regarding regulation of GE products in order to determine any potential impact on endangered species or their habitats. Since APHIS did not consult with FWS prior to its decision to deregulate GE alfalfa, the plaintiffs hold that the decision is invalid until an evaluation is conducted by FWS. Since the alfalfa is engineered by the agribusiness corporation Monsanto to be resistant to the company’s Roundup herbicide products, active ingredient glyphosate, the plaintiffs argue that planting of the so-called Roundup Ready alfalfa will result in significantly increased rates of herbicide application, […]

(Beyond Pesticides, June 3, 2011) According to the 2010 Agricultural Chemical Use Report released last week by the U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS), use of the herbicide glyphosate, associated with genetically engineered (GE) crops, has dramatically increased over the last several years, while the use of other even more toxic chemicals such as atrazine has not declined. Contrary to common claims from chemical manufacturers and proponents of GE technology that the proliferation of herbicide tolerant GE crops would result in lower pesticide use rates, the data show that overall use of pesticides has remained relatively steady, while glyphosate use has skyrocketed to more than double the amount used just five years ago. The 2010 Agricultural Chemical Use Report shows that, in the states surveyed, 57 million pounds of glyphosate were applied last year on corn fields. Ten years prior, in 2000, this number was only 4.4 million pounds, and in 2005, it was still less than half of current numbers at 23 million pounds. Intense corn growing regions have experienced an even greater increase in glyphosate applications. Glyphosate use in the state of Nebraska increased by more than five times in just seven years, going […]

(Beyond Pesticides, June 2, 2011) New threats by Monsanto have led to the filing of an amended complaint by the Public Patent Foundation (PUBPAT) in its suit on behalf of family farmers, seed businesses, and organic agricultural organizations challenging Monsanto’s patents on genetically modified seed. Twenty-three new plaintiffs, including Beyond Pesticides, have joined with the original 60 in the amended complaint, bringing the total number represented in the case to 83. The plaintiffs in the suit, Organic Seed Growers and Trade Association (OSGATA), et al. v. Monsanto and pending in the Southern District of New York, now include 36 family farmer, food, agricultural research, food safety, and environmental organizations representing hundreds of thousands of members including several thousand certified organic, biodynamic, or otherwise non-transgenic family farmers. “Our clients don’t want a fight with Monsanto, they just want to be protected from the threat they will be contaminated by Monsanto’s genetically modified seed and then be accused of patent infringement,” said PUBPAT Executive Director Daniel B. Ravicher. “We asked Monsanto to give our clients reassurance they wouldn’t do such a thing, and in response they chose instead to reiterate the same implicit threat to organic agriculture made in the past.” Soon […]

(Beyond Pesticides, May 27, 2011) A coalition of environmental and public health groups filed a lawsuit yesterday against the federal Food and Drug Administration (FDA) to require the agency to enforce strict standards regarding the routine use of antibiotics in livestock feed. The suit, filed by the Natural Resources Defense Council, the Center for Science in the Public Interest, Food Animal Concerns Trust, Public Citizen, and the Union of Concerned Scientists, calls on FDA to implement regulations based on its own findings that the routine use of low doses of antibiotics in animal feed presents increased risk for the development of resistant bacteria. The non-therapeutic use of antibiotic drugs in animal feed presents a serious risk to public health due to the potential for bacteria to develop resistance to the drugs as a result of repeated low dose exposure. The rise of drug-resistant infections in humans has been linked to the overuse of antibiotics in animal feed since the early 1970s, but FDA has failed to meet its legal responsibility to address the mounting health threat posed by the practice, according to the groups’ suit. The coalition’s suit would also force the agency to respond to citizen petitions filed by […]

(Beyond Pesticides, March 31, 2011) In an effort to protect them from patent infringement in the event of drift contamination by Monsanto’s genetically engineered (GE) seed, 60 family farmers, seed businesses and organic agricultural organizations preemptively filed suit against the agribusiness giant. The case, Organic Seed Growers and Trade Association, et al. v. Monsanto, was filed in federal district court in Manhattan on behalf of Public Patent Foundation (PUBPAT) on Tuesday, March 29, 2011. Plaintiffs in the suit represent a broad array of family farmers, small businesses and organizations from within the organic agriculture community who are increasingly threatened by genetically modified seed contamination despite using their best efforts to avoid it. The plaintiff organizations have over 270,000 members, including thousands of certified organic family farmers. This year has seen a series of decisions by USDA to allow the unrestricted cultivation of genetically engineered crops. In January, USDA announced plans to fully deregulate GE alfalfa seed, despite contamination risks it poses to both organic and conventional farmers. Then, in February, a federal appeals court decided to reverse a federal order to destroy GE sugar beet seedlings. Most GE crops are engineered to be immune to the herbicide glyphosate, which Monsanto […]

(Beyond Pesticides, March 22, 2011) Last Friday, attorneys for the Center for Food Safety (CFS), Beyond Pesticides, Earthjustice, and farm and environmental groups filed a lawsuit against the U.S. Department of Agriculture (USDA), arguing that the agency’s recent unrestricted approval of genetically engineered (GE), “Roundup Ready” alfalfa is unlawful. In January, USDA announced plans to fully deregulate GE alfalfa seed, despite contamination risks it poses to both organic and conventional farmers. With the full deregulation of GE alfalfa underway, USDA estimates that up to 23 million more pounds of toxic herbicides will be released into the environment each year. This year has seen a series of decisions by USDA to allow the unrestricted cultivation of genetically engineered crops, and just last month a federal appeals court decided to reverse a federal order to destroy GE sugar beet seedlings. Most GE crops are engineered to be immune to the herbicide glyphosate, which Monsanto markets as Roundup. Currently, USDA data show that 93% of all the alfalfa planted by farmers in the U.S. is grown without the use of any herbicides. The decision to fully deregulate GE alfalfa fails to take several scientifically-validated environmental concerns, such as the indiscriminate nature of GE […]

(Beyond Pesticides, February 11, 2011) In response to a lawsuit that residents in the town of Institute, WV filed against the chemical manufacturer Bayer CropScience, Chief U.S. District Judge Joseph R. Goodwin ordered the company to stop production of the highly toxic chemical methyl isocyanate (MIC) -responsible for killing tens of thousands and chronically injuring over 100,000 people when a Bhopal, India plant leaked the chemical in 1984. Specifically, the judge issued a 14-day restraining order, explaining that the residents who are suing the company are likely to win the case and would be “likely to suffer irreparable harm” without relief from the court. Judge Goodwin also cited Bayer’s history of safety violations and misrepresentations to the public about prior incidents at the plant. The announcement was made February 10, 2010; the judges order can be read here. Area residents filed suit on Tuesday, February 8, seeking to prevent the company from producing any MIC until the manufacturing plant is inspected for safety and environmental compliance by the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA). MIC is an intermediate chemical used in the production of aldicarb and other carbamate pesticides. These pesticides have been […]

(Beyond Pesticides, February 9, 2011) Last Friday the U.S. Department of Agriculture (USDA) announced plans to allow the U.S. sugar beet industry to continue growing Monsanto’s “Roundup Ready,” genetically engineered (GE) sugar beets, despite the incompletion of an environmental impact statement (EIS). This comes one week after USDA decided to fully deregulate GE alfalfa seed, despite the risks it poses to both organic and conventional farmers. On Monday, Center for Food Safety, Beyond Pesticides, Sierra Club and Cornucopia Institute formally filed a 60-day notice of intent to sue the agency concerning its decision to allow unrestricted deregulation of GE alfalfa. The 60-day notice of intent to sue, filed February 7, 2011, officially notifies USDA’s Animal and Plant Health Inspection Service (APHIS) of the groups’ intent to sue pursuant to the citizen suit provision of the Endangered Species Act (ESA), citing APHIS’ violation of Section 7 of the ESA in failing to ensure that the deregulation of GE alfalfa is not likely to jeopardize threatened or endangered species and their habitat. According to Section 7, APHIS must consult with the U.S. Fish and Wildlife Service (FWS) to ensure that agency actions do not impact threatened or endangered species. The notice charges […]

(Beyond Pesticides, January 24, 2011) Citing the U.S. Environmental Protections Agency’s failure to protect over 200 endangered species from pesticides under the Endangered Species Act (ESA), two national environmental groups filed on January 20, 2011 a lawsuit to force agency implementation of the act. In what is penned by the groups, the Center for Biological Diversity and Pesticide Action Network North America (PANNA), as the most comprehensive legal action ever brought under ESA, the lawsuit specifically challenges EPA’s failure to consult with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service on the impacts of hundreds of EPA-registered pesticides that are known to be harmful to endangered and threatened species. “For decades, the EPA has turned a blind eye to the disastrous effects pesticides can have on some of America’s rarest species,” said Jeff Miller, a conservation advocate with the Center. “This lawsuit is intended to force the EPA to follow the law and ensure that harmful chemicals are not sprayed in endangered species habitats.” According to EPA, the Endangered Species Act requires federal agencies, in consultation with FWS and/or the NOAA Fisheries Service, “to ensure that actions they authorize, fund, or carry out are not likely […]

(Beyond Pesticides, January 12, 2011) A Santa Cruz, California, organic herb grower has the right to sue neighboring farm for ‘pesticide drift’. This according to a California’s 6th District Court of Appeal in San Jose which upheld Jacobs Farm/Del Cabo’s right to sue the pesticide applicator, Western Farm Service, and let stand the $1 million damage award a jury handed Jacobs Farm two years ago. The ruling makes it clear that pesticide users can be held liable for pesticide drift. The decision is significant, agriculture and law experts say, because it strengthens the case for organic farmers or anyone else harmed by pesticides to seek legal recourse – even if the pesticide is legally applied. The county’s deputy agricultural commissioner, Lisa LeCoump, said the court decision against Western Farm Services changes the ground rules, making it clear that a sprayer can now be held liable even if no law is broken. While California state law restricts pesticides from being sprayed on neighboring properties, the law doesn’t deal specifically with pesticides that disperse into the air after application and end up someplace else. Attorneys for Western Farm Service argued that since the company had not run afoul of state law, Jacobs […]

(Beyond Pesticides, January 6, 2011) On Monday, a coalition of farmworkers, community activists and environmental health organizations announced a lawsuit challenging the approval of the toxic fumigant methyl iodide for use on California’s strawberry fields, urging the new Governor Jerry Brown to reverse the decision. The groups also submitted comments from over 52,000 members of the public urging Gov. Brown to act quickly to prevent the use of methyl iodide in California’s fields. The lawsuit was filed late last week by Earthjustice and California Rural Legal Assistance, Inc. on behalf of Pesticide Action Network North America, United Farm Workers of America, Californians for Pesticide Reform, Pesticide Watch Education Fund, Worksafe, Communities and Children Advocates Against Pesticide Poisoning and farmworkers Jose Hidalgo Ramon and Zeferino Estrada. The suit challenges the state Department of Pesticide Regulation’s (DPR) December 20 approval of methyl iodide for use in California on the grounds that it violates the California Environmental Quality Act, the California Birth Defects Prevention Act, and the Pesticide Contamination Prevention Act that protects groundwater against pesticide pollution. In addition, the suit contends that DPR violated the law requiring involvement of the Office of Environmental Health Hazard Assessment (OEHHA) in the development of farmworker […]

(Beyond Pesticides, December 16, 2010)The Center for Biological Diversity notified the U.S. Fish and Wildlife Service (USFWS) and U.S. Environmental Protection Agency (EPA) December 15 of its intent to sue the agencies for failing to study and act on threats posed by more than 60 pesticides to the threatened California red-legged frog. A 2006 legal settlement secured by the Center required the EPA to assess the impacts of pesticides on the frog, then consult with the U.S. Fish and Wildlife Service (USFWS) under the Endangered Species Act to address those impacts, by 2009. The completed assessments were submitted to the Wildlife Service between March 2007 and October 2009. Although EPA determined that 64 registered pesticides are likely to harm the frogs, the Service has not completed any consultations or adopted protective measures. “The EPA acknowledges that scores of pesticides may be dangerous to California’s rare red-legged frogs, but nothing’s been done about it,” said Jeff Miller, a conservation advocate with the Center. “This three-year delay violates the Endangered Species Act and jeopardizes the future of the largest native frog in California.” Historically abundant throughout California, red-legged frogs have declined in numbers over 90 percent and have disappeared from 70 percent […]

(Beyond Pesticides, December 7, 2010) Last week, Federal District Judge Jeffrey S. White issued a preliminary injunction ordering the immediate destruction of hundreds of acres of genetically engineered (GE) sugar beet seedlings planted in September after finding the seedlings had been planted in violation of federal law. The ruling comes in a lawsuit filed by Earthjustice and CFS on behalf of a coalition of farmers and conservation groups. The lawsuit was filed on September 9, shortly after the U.S. Department of Agriculture (USDA) revealed it had allowed the seedlings to be planted. The court outlined the many ways in which GE sugar beets could harm the environment and consumers, noting that containment efforts were insufficient and past contamination incidents were “too numerous” to allow the illegal crop to remain in the ground. In his court order, Judge White noted, “Farmers and consumers would likely suffer harm from cross-contamination” between GE sugar beets and non-GE crops. He continued, “The legality of Defendants’ conduct does not even appear to be a close question,” noting that the government and Monsanto had tried to circumvent his prior ruling which made GE sugar beets illegal. Paul Achitoff of Earthjustice, lead counsel for the plaintiffs, said, […]

(Beyond Pesticides, December 2, 2010) The U.S. Environmental Protection Agency (EPA) just announced that it is seeking public comment until December 15 on a draft stipulation in U.S. District Court for the Southern District of New York that will suspend further litigation with the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA) on the claim that EPA has unreasonably delayed its response to their 2007 petition to cancel all uses and revoke all tolerances for the pesticide chlorpyrifos. Under the draft Stipulation and Order, the case will be suspended, provided (1) EPA issues a preliminary human health risk assessment for chlorpyrifos by June 1, 2011, and requests comment on that assessment; and (2) EPA sends NRDC and PANNA a written response to their petition by November 23, 2011. If the lawsuit is not reactivated by January 23, 2012, it will be dismissed. In September 2007, the Natural Resources Defense Council (NRDC) and Pesticide Action Network North America (PANNA) filed a petition with EPA asking the agency to ban chlorpyrifos. In the nearly three years since, the agency has not responded. This spurred the groups to file a lawsuit in federal court to force EPA to decide […]

(Beyond Pesticides, December 1, 2010) Several fishing and environmental conservation groups are suing the U.S. Environmental Protection Agency (EPA) for failing to limit the use of six agricultural pesticides to protect salmon. Restrictions on the use of six pesticides in Oregon, Washington and California shown to harm endangered salmon and steelhead, were ordered after a court found that EPA violated the Endangered Species Act (ESA) by failing to restrict the pesticides from entering salmon habitat. However EPA has failed to act to restrict the pesticides. The lawsuit, filed in U.S. District Court in Washington is the fourth lawsuit the plainstiffs -Northwest Coalition for Alternatives to Pesticides, Pacific Coast Federation of Fishermen’s Associations; Institute for Fisheries Resources and Defenders of Wildlife- brought against the EPA to restrict the pesticides diazinon, malathion, chlorpyrifos, carbaryl, carbofuran and methomyl in streams of endangered salmon and steelhead. The plaintiffs seek a judgment declaring that EPA’s failure to implement the organophosphate (OP) and carbamate biological opinions issued by the National Marine Fisheries Service (NMFS) violates the ESA, and a judgment declaring that EPA is taking listed salmonids in violation of the ESA. The lawsuit seeks an order vacating and enjoining EPA’s authorization of the uses of […]

(Beyond Pesticides, October 21, 2010) Last week, the U.S. Environmental Protection Agency (EPA) announced that it has forwarded to the Secretary of Agriculture a draft proposed rule to amend EPA’s protocol for the testing of pesticides on humans. This draft proposed rule is a result of a settlement agreement reached on June 2010 in a lawsuit over its 2006 final rule. The 2006 final rule lifted a ban on human testing put in place by Congress. It allows experiments in which people are intentionally dosed with pesticides to assess the chemicals’ toxicity and allows EPA to use such experiment to set allowable exposure standards. In such experiments, people have been paid to eat or drink pesticides, to enter pesticide vapor “chambers,” and to have pesticides sprayed into their eyes or rubbed onto their skin. The pesticide industry has used such experiments to argue for weaker regulation of harmful chemicals. The coalition that challenged the regulation argued in the U.S. Court of Appeals for the Second Circuit that the rule ignores scientific criteria proposed by the National Academy of Sciences, did not prohibit testing on pregnant women and children, and even violated the most basic elements of the Nuremberg Code, including […]