Law School Case Briefs

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Les v. Reilly

Court of Appeals for the Ninth Circuit (1992) | 968 F.2d 985; 1992 WL 153883

3 min read

TL;DR: The EPA's attempt to create a "de minimis" risk exception to the Delaney Clause for carcinogenic pesticides in food was rejected. The court held the statute mandates a zero-risk standard.

Legal Significance: This case affirms the strict, literal interpretation of the Delaney Clause, limiting agency discretion to permit carcinogenic food additives based on perceived minimal risk, reinforcing congressional primacy in setting safety standards.