United States Ninth Circuit

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League of United Latin American Citizens v. Wheeler, 17-71636

Held that the U.S. Environmental Protection Agency exceeded its statutory authority in refusing to ban use of the pesticide chlorpyrifos on food products. A group of nonprofit organizations petitioned for review of an EPA order denying their request to ban chlorpyrifos, whose residue on food products is said to cause developmental harm to infants and children. In a 2-1 decision, the Ninth Circuit rejected the agency's argument that the court lacked jurisdiction, vacated the EPA's order, and remanded to the agency with directions to cancel all registrations for chlorpyrifos within 60 days.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/08/09

Judges

  • Rakoff

Court

  • United States Ninth Circuit

Counsel


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