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Court Rules that EPA's Delay
Key Excerpts from Article on Website of The Intercept
Posted: July 11th, 2022
https://theintercept.com/2021/04/29/chlorpyrifos-epa-brain-d...
After 14 years of legal battles, a federal court ordered the Environmental Protection Agency to take actions that will likely force the neurotoxic pesticide chlorpyrifos off the market. The federal agency has for years been considering mounting evidence that links the pesticide to brain damage in children — including loss of IQ, learning difficulties, ADHD, and autism — but, as the court acknowledged, has repeatedly delayed taking action. “Rather than ban the pesticide or reduce the tolerances to levels that the EPA could find were reasonably certain to cause no harm, the EPA sought to evade through delay tactics its plain statutory duty,” Judge Jed S. Rakoff wrote in his decision. “During that time, the EPA’s egregious delay exposed a generation of American children to unsafe levels of chlorpyrifos,” he wrote, and ordered the EPA to issue a final regulation within 60 days. More than 5 million pounds of chlorpyrifos were applied to crops in 2017, according to the most recent data. The EPA was poised to ban chlorpyrifos in 2016, but the Trump EPA changed course. The reversal, made under EPA Administrator Scott Pruitt, has been tied to a $1 million contribution to President Donald Trump’s inaugural fund from Dow Chemical Company, now known as Corteva, which was the primary producer of chlorpyrifos. Patti Goldman, an attorney at Earthjustice who has been overseeing the chlorpyrifos litigation since 2014, said the disparity between the science and the EPA’s refusal to act reached new heights during the Trump years.
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