Last week, the U.S. Court of Appeals, Ninth Circuit issued a ruling giving the EPA 90 days to make a determination on a petition from environmental groups requesting a ban on all tolerances for the insecticide chlorpyrifos.

The Ninth Circuit previously ruled last August that the EPA had 60 days to revoke all chlorpyrifos tolerances. In a rare move, the court agreed for a rehearing.  Oral arguments for the rehearing took place in March. 

"We are reviewing the court's order and will be taking final action on the administrative objections before the agency within 90 days," said an EPA spokesperson.

Chlorpyrifos is an organophosphate insecticide that is used in more than fifty fruit, nut, cereal and vegetable crops, and has been the subject of activist group attacks and controversy for many years. 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.

In October 2018, after the Ninth Circuit’s original order to revoke all tolerances, NAAA joined 27 other agricultural groups in an amicus brief in support of the EPA’s request for a hearing. 

"USDA disagrees with the ruling ordering EPA to revoke tolerances and cancel registrations for chlorpyrifos," said Agriculture Secretary Sonny Perdue in a statement last year, arguing that "the decision appears to be based on a misunderstanding of both the available scientific information and EPA's pesticide regulatory system."