ELR Citation: 53 ELR 20172
No(s). 22-1422 (8th Cir. Nov 2, 2023)

The Eighth Circuit granted farming groups' petitions to review EPA's 2021 order banning agricultural use of the insecticide chlorpyrifos. The groups argued EPA's "rushed" decision to revoke all tolerances for chlorpyrifos, in response to a Ninth Circuit order directing the Agency to either revoke all tolerances or modify them if they could certify that they were safe within 60 days, was arbitrary and capricious. The court found EPA's decision to rule out the option to modify, leaving revocation by default, was arbitrary and capricious because the Agency had the authority to revoke some tolerances and modify others; the court-imposed deadline was "no excuse for zeroing in on a single solution to the exclusion of others." The court granted the petitions for review, vacated the revocation order, and remanded for further proceedings.