Government Doc: Natural Resources Defense Council Sues USDA

Natural Resource Defense v. US Dept. of Agric., 613 F. 3d 76 - Court of Appeals, 2nd Circuit 2010 Argued: April 6, 2010. Decided: July 8, 2010. http://scholar.google.com/scholar_case?case=836394702275181896&q=emerald+ash+borer&hl=en&as_sdt=3,24


This legal document summarizes an argument between the United States Department of Agriculture (USDA) and some states joined together by a giant environmental non-profit organization. I'll summarize the action.


After the emerald ash borer began spreading through the country, a branch of the USDA, the Animal and Plant Health Inspection Service (APHIS), looked into the regulations regarding wooden packing material. That's because the emerald ash borer arrived in crating material originating from eastern Asia. Of course, it isn't the first time insects have jumped the ocean by hitching a ride on some crates of Samsung TVs or large boxes of plastic bobbleheads. So it isn't surprising that APHIS would look into tightening restrictions on packing material.


The process began and Environmental Impact Statements (EIS) were written to evaluate the problem. The conclusion was to adopt new guidelines for incoming Solid Wood Packing Material (SWPM—I know, it doesn't seem like this needs an acronym, right?) 


It turns out there are some international guidelines for such material, and they are set by the International Plant Protection Convention (IPPC), which is somehow related to the United Nations. So the IPPC's latest guidelines are to have all wooden pallets treated with a gas or treated with a high level of heat.


This provides a good, multinational guideline. Everyone knows it isn't full proof, but it provided one more step for protection against the invasive species. 


But some states and the large non-profit National Resource Defense Council (NRDC) disagreed. They sued the USDA because they felt APHIS didn't meet the high standards of the National Environment Protection Act (NEPA) and the Plant Protection Act (PPA).


Basically, the argument was that APHIS could eliminate the risk completely—but they didn't because of outside pressures. They didn't need to pass laws saying packaging should be treated with a chemical harmful to the ozone, instead they should have passed a law requiring the US to ban SWPM completely! 


I imagine this would be extremely difficult to accomplish, and it would take a long time. However, it would eliminate this problematic profusion of invasive species. Why not just use prefabricated wood, which wouldn't be infested? 


Well, the USDA won the case. The court decided that APHIS took all these considerations to heart, evidenced by the final EIS, in which several other options for SWPM were mentioned. 


I learned a few things from this article: 1) These acronyms are out of control. 2) APHIS seems to have a near impossible task: restricting tiny insects or their larvae from entering our borders. 3) Our nation doesn't take this threat so seriously as to harm shipping patterns and trade relations. Is that good or bad? I guess we'll see in time.


I never did see final date of implementation for APHIS's recommendations, however.