In a major win for agriculture interests, the federal Eight Circuit Court of Appeals has vacated the Environmental Protection Agency’s ban of the insecticide chlorpyrifos, the most widely used insecticide in agriculture.
Plaintiffs included dozens of ag groups, including the American Farm Bureau Federation, American Soybean Association, most state soybean associations, and the National Association of Wheat Growers. AFBF asserted that the agency ignored scientific evidence that proved the pesticide’s safety, and the three-judge panel agreed.
Growers are eager to have chlorpyrifos restored for the 2024 growing season. Many producers have suffered from the loss of the tool during the 2022 and 2023 seasons, with many needing to spray more pesticides to control an increasing number of pests. Other farmers lost the only effective tool they had to protect their crops from certain economically damaging pests.
“The AFBF appreciates the Eighth Circuit Court of Appeals for recognizing that the Environmental Protection Agency failed to follow the law when it revoked the use of chlorpyrifos,” said AFBF President Zippy Duvall in a statement after the ruling was announced Nov. 2.
Daryl Cates, a soybean farmer from Illinois and American Soybean Association president said, “Today’s ruling is a win for agriculture and science-based regulation. Federal agencies cannot be permitted to ignore their own science at the expense of America’s farmers. This ruling will restore safe, effective uses of a tool needed by many growers to protect crops from damaging pests and help preserve an affordable food supply.”
“Without chlorpyrifos last year, our growers experienced much higher costs fighting pests. They had to use multiple pesticides applied multiple times with inadequate effectiveness. This court’s ruling supports science-based decisions. It allows our industry to safely use this product to protect our fragile plants and keep our farmers economically viable,” said Nate Hultgren, president of the American Sugarbeet Growers Association.
The EPA’s ban took effect Feb. 28, 2022, when it revoked food residue tolerances for the insecticide, meaning no amount of chlorpyrifos residue on food or feed would be considered safe. The ban followed years of ever-tightening tolerances and restrictions on the chemical.
The ban was a response to an April 2021 ruling by the Ninth Circuit Court of Appeals, which ordered it to either ban it or come up with a detailed plan to regulate it to protect “vulnerable populations.” That ruling came after a lawsuit filed by Earthjustice and supported by other environmental groups that claim chlorpyrifos causes harm to developing children. The conflicting rulings between two courts will likely pave the way for a U.S. Supreme Court resolution if appeals are pursued.
David Murray can be reached at [email protected].
