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.