Wisconsin Potato and Vegetable Growers Association

NPC News: Court Rules Against EPA on Chlorpyrifos

A three judge panel from the 9th Circuit Court of Appeals ruled against the Environmental Protection Agency’s recent action to maintain the tolerances for Chlorpyrifos.  The split decision of the panel (2-1) requires EPA to move forward with its original Obama Administration plan to revoke the tolerances for the crop protection tool.

This ruling is viewed as a victory for environmental activists and a loss for those seeking to return these federal regulatory decisions to a science-based process.  The original Obama Administration action relied upon outside research to support their conclusion.  However, neither the EPA nor the public were allowed to view the data that the study was based upon.

This lack of transparency was a substantial departure from a traditional science-based process and in conflict with the standard that the agency places upon registrants when seeking to apply or re-register their products.

The agency can now either comply with the court’s ruling, appeal to the full 9th Circuit or seek to elevate the decision to the Supreme Court for a final verdict.

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Volume 15, Issue 48 | December 1, 2023

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