ELR Citation: 46 ELR 20139
No(s). 14-72794 (9th Cir. Aug 12, 2016)

The Ninth Circuit denied EPA's request for an additional six months to take final action on its proposal to ban the pesticide chlorpyrifos in response to an administrative petition filed nearly nine years ago. EPA claimed that "extraordinary circumstances" warranted the extension because it needed additional time to consider two studies that were not yet complete when it issued the proposed rule. But in light of the nearly decade-long delay in issuance of the rule and the documented health risks, as well as the court's previous extensions, the court held that the delay was not justified. Instead, it ordered EPA to take final action by March 31, 2017—a three-month delay.