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US court denies challenge to NMFS BiOp

A US court has turned down an industry challenge to the National Marine Fisheries Service (NMFS) call for restrictions on the use of three insecticides in four states to protect endangered salmon. Dow AgroSciences, Makhteshim-Agan Industries and Cheminova sued the NMFS over its 2008 biological opinion (BiOp) calling for the EPA to impose restrictions on the organophosphate insecticides, chlorpyrifos, diazinon and malathion ( Agrow No 557, p 16). That was the first in a series of BiOps on 37 pesticides issued by the NMFS as part of a settlement with environmentalist and fishing groups over a lawsuit to compel the NMFS and the EPA to complete consultations under the Endangered Species Act (ESA - Agrow No 549, p 16).

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