SACRAMENTO — The U.S. Department of Justice on Monday ordered a federal court to reconsider an earlier ruling that essentially banned a commonly used pesticide.
Under the order, the 9th Circuit Court of Appeals will take another look at its Aug. 9 ruling, in which a panel of three judges ordered the EPA to enact a nationwide ban of the pesticide chlorpyrifos.
In the new ruling, all 29 judges serving on the 9th Circuit Court of Appeals will consider the issue.
U.S. Secretary of Agriculture Sonny Perdue said that the ruling was based on “a misunderstanding of both the available scientific information and EPA’s pesticide regulatory system.”
“The U.S. Department of Agriculture and other groups have pointed out significant flaws in the draft chlorpyrifos assessments on which the court based its opinion, and USDA supports EPA’s conclusion that the available scientific evidence does not indicate the need for a total ban on the use of chlorpyrifos,” Perdue said.
Perdue called the pesticide an “economical crop protection tool,” and said a ban on chlorpyrifos would impact the farmers who depend on it.
“Chlorpyrifos is used on well over 50 crops grown throughout the United States due to its efficacy and broad-spectrum activity across multiple pests,” Perdue said.
But opponents say that chlorpyrifos can have short- and long-term effects on the human nervous system.
In November 2016, the EPA called chlorpyrifos unsafe to use in any amount. The agency outlawed home use of chlorpyrifos in 2001.
But in April 2017, after the Trump administration began dismantling many of the environmental protections enacted by President Barack Obama, the agency made a U-turn, refusing to ban the substance outright. Instead, the EPA allowed it to be used on agriculture fields across the U.S.
A study by UC Berkeley shows that exposure by pregnant women can cause problems for their babies, such as attention deficit hyperactivity disorder, reduced IQ, decreased lung function and delayed motor development.
A study by the California Department of Pesticide Regulation (DPR) shows that people can be exposed to the pesticide on food, which remains despite washing, and from contaminated water. It can also drift as far as a half-mile from where it is applied.
According to Mark Weller of Californians for Pesticide Reform, California farmers in 2016 used more than 900,000 pounds on about 80 crops, including citrus, nuts, apples and broccoli.
Sarait Martinez, an organizer with Salinas-based Safe Ag Safe Schools, said the decision was disappointing, but expected.
“This is what we feared would happen,” she said. “The Trump EPA has said they don’t believe in science.”
It’s not clear how the judges will rule in the case.
In the meantime, Martinez said that environmentalists are urging the California Department of Pesticide Regulation to classify chlorpyrifos as a toxic air contaminant, which would create a strict framework of rules for the pesticide and ameliorate a reversal of protection on a federal level.
“Today’s political climate does not give us much reason to be hopeful,” she said. “The state needs to act.”
Environmental activists are also asking outgoing Gov. Jerry Brown to take a stand on the issue, Martinez said.
“We want him to take a stand and say, not one more day,” she said. “The governor has the opportunity to protect his legacy.”
