In March, the Eighth Circuit Court of Appeals denied a motion to stay the rule revoking tolerances of chlorpyrifos. The ruling revokes tolerances to remain in effect while the court hears the underlying case. Essentially, this means growers will not be able to use chlorpyrifos for the 2022 growing season since EPA’s revocation rule, which went into effect on Feb. 28, will now remain in effect.

The purpose of the lawsuit, which the Minnesota Soybean Growers Association joined, was to seek a stay to prevent the rule from taking effect for 11 crops (including soybeans) in certain states which EPA identified did not pose a health risk — but for which the agency, regardless, revoked tolerances. However, that request has now been denied given the decision. The lawsuit also continues to seek a vacatur of the rule where it conflicts with EPA’s own science, especially regarding these 11 uses identified by the agency to be safe.

MSGA will continue advocating to ensure this option is returned to growers.

“Chlorpyrifos has been a critical tool in the toolbox for Minnesota farmers, especially in the fight against pests such as soybean aphids and spider mites,” Minnesota Soybean Director of Research David Kee said.

Growers shouldn’t use any remaining chlorpyrifos they may still have on their operations in 2022. For disposal, farmers are urged to contact their retailers. If opened, growers should contact MDA. For containers that store more than 300 pounds of chlorpyrifos, MDA asks farmers to call ahead.