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League of United Latin American Citizens v. New York

ELR Citation: 48 ELR 20142
Nos. 17-71636, (9th Cir., 08/09/2018)

The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos, and vacated the Agency's order. The groups argued that the Agency's need for additional scientific research was not a valid ground for maintaining a tolerance that, after nearly two decades, has not been determined safe, and that the Agency could not delay a decision on tolerances to coordinate that decision with registration review under FIFRA. The court agreed, concluding that there was no justification for the Agency's decision in its 2017 order to maintain a tolerance for chlorpyrifos in the face of scientific evidence that its residue on food causes neurodevelopmental damage to children, and that the Agency cannot refuse to act because of possible contradiction in the future by evidence. Because the Agency is in direct contravention of the Federal Food, Drug, and Cosmetic Act and FIFRA, the court vacated the Agency's order and remanded to the Agency with directions to revoke all tolerances and cancel all registrations for chlorpyrifos within 60 days.