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Voice of the Aerial Application Industry
September 27, 2018
DOJ Petitions Court for Rehearing on Chlorpyrifos Case

The U.S. Department of Justice has petitioned for a rehearing of the Ninth Circuit, U.S. Court of Appeals decision from Aug. 9 directing the EPA to revoke all tolerances and cancel all registrations for chlorpyrifos within 60 days.

 

Last month, NAAA and a coalition of industry partners sent a letter to Agriculture Secretary Sonny Perdue and Acting EPA Administrator Andrew Wheeler expressing concern over the ruling and urging a rehearing take place.

 

Secretary Perdue said in a statement, “USDA disagrees with the ruling ordering EPA to revoke tolerances and cancel registrations for chlorpyrifos. The decision appears to be based on a misunderstanding of both the available scientific information and EPA’s pesticide regulatory system… EPA should be allowed to continue its ongoing science-based and expert-led evaluation of chlorpyrifos, which is part of EPA’s registration review program that covers all pesticides.”

 

“The arbitrary, immediate, and total loss of this crop protection tool endangers agricultural industries and is expected to have wide economic impacts. Given the court’s incorrect assessment of the scientific evidence, we thank the Department of Justice for continuing to fight on behalf of American farmers and consumers in support of science-based regulatory oversight of crucial crop protection tools.”

 

Additionally, EPA spokesman Michael Abboud said, "This opinion nullifies the FIFRA process, violating a congressionally mandated statute. EPA takes science and health issues very seriously, but we must work within the legal process established by Congress."

 

Corteva Agriscience, a major manufacturer of chlorpyrifos, released a statement saying, “We believe the Department of Justice petition for rehearing of the 9th Circuit Court of Appeals decision in this case is justified. Chlorpyrifos is a critical pest management tool used by growers around the world to manage a large number of pests that can destroy crops, and regulatory bodies in 79 countries have looked at the science, carefully evaluated the product and its significant benefits and continued to approve its use. We will continue to support the growers who need this important product.”

 

The court ruling stems from a petition filed in 2007 by the Pesticide Action Network North America and the Natural Resources Defense Council. As a result, the Obama administration’s EPA proposed to revoke all food tolerances for chlorpyrifos. NAAA met with EPA to discuss its proposed decision on the chlorpyrifos ban and submitted comments to keep chlorpyrifos on the market for aerial application. NAAA communicated to EPA the numerous technologies used in our industry addressing on-target application of crop protection products.

 

If the full Ninth Circuit rejects the rehearing, or if the full court agrees with the previous ruling, the Trump administration has the option to appeal to the Supreme Court.

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This newsletter is intended for NAAA members only. NAAA requests that should any party desire to publish, distribute or quote any part of this newsletter that they first seek the permission of the Association. The views, thoughts, and opinions expressed herein do not necessarily represent those of the National Agricultural Aviation Association (NAAA), its Board of Directors, staff or membership. Items in this newsletter are not the result of paid advertising and are only meant to highlight newsworthy developments. No endorsement by NAAA is intended or implied.
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FAA Reauthorization: A Step Backward on Tower Marking, but a Step Forward on Drone Regulation
Wis. Operator Takes Action After Third UAV Near Miss
DOJ Petitions Court for Rehearing on Chlorpyrifos Case
National Agricultural Aviation Museum Execs Excited about Start of Renovations
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It’s Time to Renew Your 2019 NAAA Membership
Pre-Register for the Ag Aviation Expo to Avoid Long Lines Onsite
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