WICHITA, Kan. — A federal appeals court has spurned a lawsuit challenging a Kansas regulation on pesticide treatment.
The 10th Circuit Court of Appeals panel on Monday sided with a lower court in upholding its decision to throw out a lawsuit filed by filed by pest control applicator Ralph Rogerson.
Rogerson had claimed in his lawsuit that a Kansas Department of Agriculture regulation requires excessive pesticide treatment in preconstruction applications.
At issue is a state rule requiring both horizontal and vertical application of termite pesticides.
His lawsuit complained the Kansas regulation endangers humans and the environment because it requires unnecessary use of dangerous pesticides. He also argued it stifles competition by requiring all applicators to apply too much pesticide when some could reduce their prices by applying only necessary amount.