Court orders ban on harmful pesticide, says EPA violated law

Chlorpyrifos must be removed from sale in U.S. within 60 days

Washington — 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.