8th Circuit Court of Appeals Rules on Latest Chlorpyrifos Case
Chlorpyrifos Update 110623
Last week, the 8th Circuit Court of Appeals overturned an EPA decision that effectively prohibited the use of the insecticide chlorpyrifos. Although it’s not known exactly when chlorpyrifos will be reinstated, agriculture groups are citing this as a huge win for farmers who have been battling EPA for more than two years after the agency banned this insecticide for use. Plus, the decision sets a huge precedent.
The court ruling says EPA didn’t follow the science from their own scientific advisory committee which found there were a number of safe uses for chlorpyrifos including crops such as cherries, sugar beets, wheat and soybeans. The ruling goes on to say that EPA didn’t consider all of their options.
Steve Censky, CEO, American Soybean Association says, “They could have found and continued the registration for for chlorpyrifos. But instead, they thought that they were running out of time and they just canceled all of the uses for chlorpyrifos, including the ones that their own scientists said were safe uses. And the Court said that that action was arbitrary and capricious. And so it vacated the actions that the EPA had done of withdrawing those tolerances, and sent it back to the EPA.”
Chlorpyrifos is an important insecticide. For soybean production it is used to control sucking insects such as soybean aphids. It’s one of the few options farmers have available.
While the insecticide will be reinstated, it’s unclear yet if farmers will be able to use it in the 2024 season.
“There are still some more steps that have to take place. The EPA, of course, does have the option to appeal it so we'll see what they do. We're hoping that they don't,” Censky says. “But it is there are still some further steps that need to happen. So it's undetermined right now whether it will be available for 2024. We hope that it is–that's our goal is for that it would be available.”
In the meantime, Censky says the ruling from the 8th Circuit sets a favorable precedent for their battle against EPA on a number of other registrations and re-registrations of important crop protection tools for agriculture.
Joining the American Soybean Association in celebrating the court’s decision is the American Farm Bureau Federation, American Sugarbeet Growers Association, and the Cherry Marketing Institute.
