By KEVIN WALKER

Michigan Correspondent

WASHINGTON, D.C. — The U.S. EPA has asked an appeals court to re-hear a case in which it was decided the EPA must ban the insecticide chlorpyrifos within 60 days, setting in motion a delay that could last for months.

U.S. Agriculture Secretary Sonny Perdue praised the latest development. “USDA disagrees with the ruling ordering EPA to revoke tolerances and cancel registrations for chlorpyrifos,” he said. “The decision appears to be based on a misunderstanding of both the available scientific information and EPA's pesticide regulatory system.

“The USDA 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.

“EPA should be allowed to continue its ongoing science-based and expert-led evaluation of chlorpyrifos, which is part of EPA's registration review program that covers all pesticides.”

Perdue added that the decision, if upheld, would mean the “sudden and total loss” of chlorpyrifos for growers and that the costs would be “high.” Chlorpyrifos is used on more than 50 crops grown throughout the United States; its popularity is due in part to its affordability. He said the court in question incorrectly assessed the science surrounding chlorpyrifos.

In August the Ninth U.S. Circuit Court of Appeals ruled 2-1 to “revoke all tolerances” and “cancel all registrations” for the pesticide nationwide. The latest move, however, has the effect of postponing the effectiveness of the court order, according to the environmental legal group Earthjustice, which has been involved in a lot of the litigation around chlorpyrifos.

According to background information provided by the group, chlorpyrifos was banned for residential use nearly 20 years ago due to human health concerns, but it continues to be widely used on apples, broccoli, citrus and many other crops. About a decade ago, Earthjustice and others began litigating aggressively against the pesticide.

Last year, then-EPA Administrator Scott Pruitt denied a petition to ban chlorpyrifos. Lead staff attorney for Earthjustice Patti Goldman said last week that enactment of the chlorpyrifos ban is only a matter of time.

“It has taken way too long, and it's particularly troubling when the EPA has not argued the case on its merits,” she said. “It's just delaying the inevitable. It's so sad; Congress passed a law saying that a pesticide that hasn't been found to be safe should not be used.”

Goldman said the matter could go in more than one direction in the courts, and so it is impossible to know how long the litigation could go on. Earlier this year Hawaii became the first state to ban the use of chlorpyrifos in agricultural settings.

Mainstream farm groups are reluctant to give up chlorpyrifos as a tool for agriculture. Last year the American Farm Bureau Federation defended the product.

“Farmers nationwide depend on chlorpyrifos in managing their crops. It is widely and safely used for a wide range of crops, including alfalfa, citrus, vegetables, soybeans, almond and others,” the group stated. “It also protects hundreds of thousands of acres of grass seed production, where it controls aphids, cutworms and other pests.

“As USDA has noted, chlorpyrifos has been used as a part of environmentally friendly (Integrated Pest Management) programs for nearly 50 years.”