WASHINGTON — A federal appeals court Tuesday directed the government to resume considering the results of tests on human subjects as it determines acceptable exposure levels to toxic pesticides.
The U.S. Court of Appeals for the District of Columbia ruled that the Environmental Protection Agency had used flawed procedures when, in December 2001, it imposed a moratorium on using the data from human tests to determine allowable pesticide levels.
At that time, EPA Administrator Christie Whitman declared that the agency would not consider data from human clinical studies while it examined the ethical and scientific acceptability of the tests.
The pesticide industry sued, arguing that the EPA broke the law by setting the moratorium without first issuing a notice of its plans and then collecting public comment.
The court agreed, and directed the agency to accept data from human tests on a case-by-case basis, using high ethical standards, at least until it establishes a new regulation.
EPA spokesman Joe Martyak said the agency was disappointed in the ruling and was evaluating its options.
When announcing the ban, the agency sought the advice of the National Academy of Sciences on whether it was appropriate to intentionally expose human subjects to small amounts of toxic pesticides. The agency expects a report from an academy panel this year.
The EPA also announced last month that it planned to propose new testing regulations. Martyak said it was not known how long it would take to develop the rules.
Environmental groups criticized the court for effectively sanctioning the practice of exposing people to toxic chemicals to help the pesticide industry win approval for some of its riskiest products.
"We are very concerned it will unleash a tidal wave of industry tests on people that are unethical and unscientific," said Erik Olson, a senior attorney for the Natural Resources Defense Council.
The pesticide industry applauded the decision, saying that it could help keep some pesticides on the market the EPA might have regulated so aggressively that they could no longer be used effectively.
The EPA determines how much of a particular pesticide can be applied to crops and how close to harvest time it can be applied. Too much exposure to some pesticides can result in neurological damage, cancer or other serious illnesses.
