APPEALS COURT DENIES STAY OF EPA METHYL BROMIDE RULE
The U.S. Court of Appeals for the District of Columbia last week denied an emergency motion by the Natural Resources Defense Council (NRDC) for a stay on key provisions of EPA's Allocation Rule for methyl bromide. In the February 28 order, the court said the NRDC had failed to meet the standards for the motion and directed that the notice to dismiss be referred to the merits panel to address the NRDC motion issues.
FFVA filed an affidavit on behalf of its membership as part of the brief filed by the Methyl Bromide Industry Panel as intervenors in the case.
Court observers expect a fall hearing on the NRDC motion, at the earliest. In the meantime, EPA's Allocation Rule, issued in December 2004, will govern the allocation and sale of methyl bromide under Critical Use Exemptions approved by the Montreal Protocol. Another rule to deal with the supplemental CUE quantities approved in Prague last November could come later this spring.
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