Type of Assessment:
Revocation of Tolerances
Title:
Proposed Settlement Agreement: Unreasonable Delay Claim Regarding Natural Resources Defense Council's Petition to Revoke Tolerances for Neonicotinoid Pesticides
Open For Comments:
Aug 20, 2026, 12:00 AM
Comments Due:
Sep 21, 2026, 11:59 PM
Days Until Close:
-29
Summary:
On May 4, 2020, Natural Resources Defense Council (NRDC) petitioned EPA, under the Federal Food, Drug, and Cosmetic Act (FFDCA), to revoke all tolerances for residues of five neonicotinoids on or in food—acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam. Plaintiffs subsequently filed a mandamus petition on October 29, 2025, alleging that EPA's failure to issue a final decision on the FFDCA petition constitutes an unreasonable delay under the All Writs Act, 28 U.S.C. 1651(a), and the Administrative Procedure Act (“APA”), 5 U.S.C. 555(b).
The proposed settlement agreement states that no later than April 30, 2027, EPA must issue a final decision on Petitioner's administrative petition under 21 U.S.C. 346a(d)(4)(A). Further, the proposed settlement agreement states that within 15 days of the execution of the proposed settlement agreement, the parties will file a joint motion to continue holding the litigation in abeyance pending the April 30, 2027 deadline for EPA's issuance of a final decision on the administrative petition.
For a period of thirty (30) days following the date of publication of this publication, the Agency will accept written comments relating to the proposed settlement agreement from persons who are not named as parties to the litigation in question. Comments are due September 21 at 11:59PM EDT.
The full text of the settlement agreement is available in the public docket and may be hear here:
https://www.regulations.gov/document/EPA-HQ-OGC-2026-6172-0002
