David Fischer Quoted in Inside PFAS Policy Article on PFAS Pesticides

Keller and Heckman Partner David Fischer was quoted in the Inside PFAS Policy article, “States Can Block Use Of EPA-Approved PFAS Pesticides, Lawyer Warns.” The article reports that states still retain the power to block the sale and use of pesticides even if the U.S. Environmental Protection Agency (EPA) approves them, because while EPA can preempt labeling under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the agency cannot control whether states allow the sale or use of an EPA approved pesticide, according to David.

As David explained at Keller and Heckman’s Advanced Pesticides Seminar, “So, you can get a PFAS [pesticide ingredient] approved by EPA . . . and then a state could say, ‘No, we’re not going to register it,’” a concern highlighted by pending California legislation to phase out PFAS containing pesticides under a broader state definition of per- and polyfluoroalkyl substances (PFAS). 

David added that it is unlikely EPA will broaden its own PFAS definition or revisit older registrations, stating, “I’m not aware that EPA is now revisiting these previous registrations with any notion of canceling [them].”

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