MSGA Blog

Federal court to rehear chlorpyrifos ruling

Federal appeals court judges in the 9th Circuit agreed Wednesday to grant a rehearing regarding the 2018 decision ordering EPA to ban the pesticide chlorpyrifos.

The Minnesota Soybean Growers Association (MSGA) was the lone state soybean organization to sign onto the amicus brief, in a letter submitted by MSGA Vice President Jamie Beyer, after a lower court ordered to ban chlorpyrifos within 60 days in a 2-1 decision in August 2018.

“MSGA applauds the decision made this week by the 9th Circuit,” Beyer said. “Once again, our organization took a bold stance on behalf of farmers, and now we’re a step closer to having this tool available for farmers who depend on this product for pest management.”

Former Environmental Protection Agency Administrator Scott Pruitt had reversed a 2015 Obama administration plan to extend a 2000 ban on the pesticide that had covered most household settings.

The chief judge and a panel of 10 randomly drawn judges will rehear the case in late March. In addition, the prior, three-judge decision in this case will not be cited as precedent to any court moving forward.

Chlorpyrifos is used on 50 crops in 45 states, and has played a key role in pest management efforts in the U.S. and worldwide for over 50 years. Pesticides, such as chlorpyrifos provides critical risk management tools to farmers and others by helping improve food production, protect health and safety, and ensure a vital and productive supply of food and fiber to national and world markets.

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