Western Growers issues this statement following the announcement of the decision from the Ninth U.S. Court of Appeals to invalidate EPA’s decision not to restrict or eliminate the use of chlorpyrifos:
“Last month, the Ninth U.S. Circuit Court of Appeals ruled against a motion to invalidate EPA’s decision not to restrict or eliminate the use of the pesticide chlorpyrifos. In the ruling, which took place on July 18, the three-judge panel said that EPA complied with the court’s previous orders by issuing its “final response to the petition.”
In September 2007, the Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC) filed a petition calling for the EPA to revoke all tolerances for the pesticide chlorpyrifos and cancel all chlorpyrifos registrations. EPA denied the petition on March 29, 2017, noting that it will now focus its attention on updating and revising its human health assessment for chlorpyrifos under the standard procedures of the ongoing registration review process.
The NRDC and PANNA challenged EPA’s Order in the San Francisco U.S. Court of Appeals, but ultimately the Court ruled that EPA had issued an appropriate denial. Further, the Court said that further objections by PANNA and NRDC must be made through the administrative process, not at the court.
The U.S. Appeals Court decision to support EPA is good news for agriculture because it was based on applicable regulatory procedures and sound science—something that Western Growers continually advocates for.”