The Environment Protection Agency (EPA) has done a ‘180’ and proposed rules in line with growers’ needs on the use of the widely deployed pesticide, chlorpyrifos. The EPA says it will reverse its 2021 partial ban as ordered by the 8th Circuit Court of Appeals.
Chlorpyrifos has been used as a pesticide since 1965 in both agricultural and non-agricultural areas. It’s one of the most used pesticides in the nation and is used on dozens of crops from blueberries and corn to pumpkins and even gold courses.
The ban was enacted in 2021, though it did not go into effect until February of 2022. It only applied to food and feed crops. Crops that were not for consumption by either humans or livestock were exempt.
American Farm Bureau attorney Travis Cushman says AFB sued EPA in the 8th Circuit after years of legal battles initially started in 2007 by environmental groups the Pesticide Action Network North America and the Natural Resources Defense Council.
“A lot of groups continue to fight us. They have had some success in that circuit, and they keep on going there,” he said. “And, the EPA has often been hamstrung and had their hands tied in many of its actions.”
On November 2, 2023, the Eighth Circuit issued a ruling vacating EPA’s final rule and remanding the matter to EPA for further proceedings. In a statement issued December 19, 2023, the EPA stated upon issuance of the Eighth Circuit’s mandate, the previous chlorpyrifos rules would automatically be in effect once again.
