The federal Eighth Circuit Court of Appeals on Nov. 2 ruled the Environmental Protection Agency (EPA) failed to follow the law when it revoked chlorpyrifos tolerances — effectively banning the pesticide. “Its (EPA’s) decision was arbitrary and capricious … so we grant the petitions for review and vacate its order,” the court stated. See the court’s ruling here.
The American Farm Bureau Federation (AFBF) and Florida Fruit & Vegetable Association (FFVA) were among the agriculture organizations that sued EPA, asserting the agency ignored scientific evidence that proved the pesticide’s safety.
“AFBF appreciates the Eighth Circuit Court of Appeals for recognizing that the Environmental Protection Agency failed to follow the law when it revoked the use of chlorpyrifos,” said AFBF President Zippy Duvall.
FFVA stated that the agriculture groups’ challenge was an effort to restore growers’ use of chlorpyrifos on the 11 crops that passed all EPA risk assessment requirements, including citrus. “In Florida, it is a critical tool for citrus producers in protecting the crop from a variety of harmful pests,” FFVA stated following the ruling.
“The Biden administration put political science before sound science to curry favor with activist groups when issuing a final rule to revoke all tolerances for chlorpyrifos,” said Chairman of the U.S. House Committee on Agriculture Glenn “GT” Thompson. “Today’s ruling from the Eighth Circuit Court of Appeals is a victory for American farmers and rightfully returns a critical crop protection tool back into their toolbox.”
FFVA anticipates EPA will request a suspension of the cancellation proceeding that it issued earlier. EPA will then need to update the labeling requirements for the allowable registrations. FFVA stated that it will notify growers as soon as chlorpyrifos is available for use once again.
Sources: AFBF, FFVA and Chairman of the U.S. House Committee on Agriculture Glenn “GT” Thompson
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