A federal appeals court has ruled that unless the Environmental Protection Agency (EPA) can prove that the pesticide chlorpyrifos is safe, it must be banned.
The chemical, which has been widely used on agricultural crops for more than 50 years, has been linked to neurological development issues in children, with mounting evidence implicating its role in autism, ADHD, motor and loss of IQ. In the 2-to-1 ruling on April 29, judges on the U.S. Court of Appeals for the 9th Circuit gave the federal government 60 days to either rescind all uses of chlorpyrifos related to food or to show evidence that in certain cases it is safe for public health.
In the majority opinion in the case League of United Latin American Citizens v. Regan, which was filed in 2007, Judge Jed Rakoff, a Clinton appointee, wrote, “[T]he EPA has spent more than a decade assembling a record of chlorpyrifos’s ill effects and has repeatedly determined, based on that record, that it cannot conclude, to the statutorily required standard of reasonable certainty, that the present tolerances are causing no harm,” adding that “EPA’s egregious delay exposed a generation of American children to unsafe levels of chlorpyrifos.” Rakoff was joined by Judge Jacqueline Nguyen, an Obama appointee.
“Yet, rather than ban the pesticide or reduce the tolerances to levels that the EPA can find are reasonably certain to cause no harm, the EPA has sought to evade, through one delaying tactic after another, its plain statutory duties,” Rakoff wrote in the opinion, in which he stopped short of requiring the agency to ban the chemical, but left little room to keep it on the market.
“The EPA must act based upon the evidence and must immediately revoke or modify chlorpyrifos tolerances.” Pregnant women and their fetuses, young children and farmworkers are particularly at risk from chlorpyrifos, which was first registered for use in 1965.
“There are numerous studies showing that exposure to chlorpyrifos in the womb harms children’s brain development,” said Dr. Warren Seigel, chair of New York State American Academy of Pediatrics. “The science is clear, and this pesticide should have been banned years ago.”
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