EPA Order vacated by 8th District Court of Appeals

11/02/2023 RRVSG Assoc. v. Michael Regan

U.S. Court of Appeals Case No: 22-1422

and No: 22-1530

Petition for Review of an Order of the Environmental Protection Administration

[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Gruender, Circuit

Judges]

Civil case - Environmental law. Agricultural groups challenge the EPA's

decision to ban the use of the insecticide chlorpyrifos on all food crops

in the United States. The order was entered in response to the Ninth

Circuit's decision directing the agency to either revoke the tolerance

levels currently approved for the chemical's use of various crops or

modify them - see League of United Latin Am. Citizens v. Regan, 996 F.3d

673 (9th Cir, 2021). Facing an expiring time deadline, the agency banned

chlorpyrifos. This was error, as the agency had the authority to issue a

partial ban, cancelling some registrations and retaining others that

satisfied the statutory safety margin; the decision to ignore the

modifications of some levels and simply ban all uses was arbitrary and

capricious; the petitions for review are granted, the agency's orders are

vacated, and the matter is remanded to the agency for further proceedings.