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Federal Court Orders Removal of Popular Pesticide After EPA Ignored Studies Showing It Hurt Children – Free Thought Project
The Ninth Circuit blasted the EPA for failing to follow federal guidelines and ordered the agency to ban the pesticide chlorpyrifos.
(CN) – The Ninth Circuit blasted the U.S. Environmental Protection Agency on Thursday for failing to follow federal guidelines and ordered the agency to ban chlorpyrifos, a pesticide known have detrimental health impacts to children.
A three-judge panel vacated the EPA’s 2017 decision to delay ruling on whether to ban the pesticide and ordered the agency to move forward with a ban within 60 days.
“There remains no justification for the EPA’s continued failure to respond to the pressing health concerns presented by chlorpyrifos,” U.S. District Judge Jed Rakoff, sitting by designation from the Southern District of New York, wrote in the 2-1 decision.
Rakoff noted the EPA did not attempt to argue the case on the merits, but instead resorted to technical arguments on whether the court has jurisdiction over the process in the agency’s consideration of the pesticide.
“The EPA presents no arguments in defense of its decision,” Rakoff wrote. “Accordingly, the EPA has forfeited any merits-based decision.”
U.S. Circuit Judge Ferdinand Fernandez dissented from the majority on the question of jurisdiction, but notably found the discussion on the merits put forward by the majority “persuasive.”
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