November 15, 2023

In a shocking move earlier this month, the 8th Circuit vacated the Environmental Protection Agency’s (EPA) rule banning chlorpyrifos use on food. Chlorpyrifos is part of a class of chemicals developed by the Nazis during World War II known as organophosphates. Created for war, these chemicals were then repurposed for agricultural use, and since 1965 have been used in the U.S. on crops like soybeans, cruciferous vegetables, and fruits. Chlorpyrifos is also used in greenhouses, on golf courses, and on non-structural wood treatments. 

However, its use has been called into question for decades as numerous studies show that exposure to chlorpyrifos can permanently harm the developing brains of children resulting in attention deficit disorders, loss of working memory, and reduced IQ. Because of this research, the EPA removed chlorpyrifos from the market for residential use in 1999. Despite this limitation, and the disastrous health implications of the chemical, chlorpyrifos was the most widely used conventional insecticide in the country in 2017. 

In 2021, after a decades long legal battle, the EPA finally issued a rule revoking all tolerances established for safe levels of chlorpyrifos on food crops, effectively banning the use of chlorpyrifos on the foods we consume. 

This was a monumental win for advocates and consumers. Additionally, the largest manufacturer of chlorpyrifos committed to phasing out production, and states like California, Hawaii, New York, and Maryland banned all uses of chlorpyrifos. 

The 8th Circuit Nov 2 decision claims that the EPA wrongfully revoked all tolerances, and that it should have considered if there were any situations where the use of chlorpyrifos could be allowed to continue. The 8th Circuit demanded that the EPA consider the full scientific record on chlorpyrifos and determine if there are any food uses that are safe for children that can be retained. 

“We are deeply concerned for the safety of farmers and consumers, especially children,” said Mackenzie Feldman, Program Director of Re:wild Your Campus. “The science is clear, this chemical harms children, farmworkers and everyone who consumes produce treated with chlorpyrifos. The EPA must take action to protect children and the population from the harm of chlorpyrifos.” 

Take action now! Urge EPA Administer Regan to keep his vow to protect children and farmworkers from exposure to chlorpyrifos.