In this 16 May 2018 file photo, Environmental Protection Agency Administrator Scott Pruitt appears before a Senate Appropriations subcommittee on budget on Capitol Hill in Washington. A federal appeals court has ruled that the Trump administration endangered public health by keeping a top-selling pesticide chlorpyrifos on the market, despite extensive scientific evidence that even tiny levels of exposure could harm babies’ brains. The 9th U.S. Circuit Court of Appeals in San Francisco has ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days. Photo: Andrew Harnik / AP Photo

By Michael Biesecker
10 August 2018

WASHINGTON (AP) – A federal appeals court ruled Thursday that the Trump administration endangered public health by keeping a widely used pesticide on the market despite extensive scientific evidence that even tiny levels of exposure can harm babies’ brains.

The 9th U.S. Circuit Court of Appeals in San Francisco ordered the Environmental Protection Agency to remove chlorpyrifos from sale in the United States within 60 days.

A coalition of farmworkers and environmental groups sued last year after then-EPA chief Scott Pruitt reversed an Obama-era effort to ban chlorpyrifos, which is widely sprayed on citrus fruit, apples and other crops. The attorneys general for several states joined the case against EPA, including California, New York, and Massachusetts.

In a split decision, the court said Thursday that Pruitt, a Republican forced to resign earlier this summer amid ethics scandals, violated federal law by ignoring the conclusions of agency scientists that chlorpyrifos is harmful.

“The panel held that there was no justification for the EPA’s decision in its 2017 order to maintain a tolerance for chlorpyrifos in the face of scientific evidence that its residue on food causes neurodevelopmental damage to children,” Judge Jed S. Rakoff wrote in the court’s opinion.

Michael Abboud, spokesman for acting EPA Administrator Andrew Wheeler, said the agency was reviewing the decision, but it had been unable to “fully evaluate the pesticide using the best available, transparent science.”

EPA could potentially appeal to the Supreme Court since one member of the three-judge panel dissented from the majority ruling.

Environmental groups and public health advocates celebrated the court’s action as a major success.

“Some things are too sacred to play politics with, and our kids top the list,” said Erik Olson, senior director of health and food at the Natural Resources Defense Council. “The court has made it clear that children’s health must come before powerful polluters. This is a victory for parents everywhere who want to feed their kids fruits and veggies without fear it’s harming their brains or poisoning communities.”

The attorneys general of California and New York also claimed victory.

“This is one more example of how then-EPA Administrator Scott Pruitt skirted the law and endangered the health of our children — in this case, all because he refused to curb pesticide levels found in food,” Attorney General Xavier Becerra of California said in a statement. [more]

Court orders ban on harmful pesticide, says EPA violated law

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