Back in March, EPA Administrator and science skeptic Scott Pruitt ignored his agency’s own science when he canceled a planned ban on chlorpyrifos, a well-studied pesticide that has been shown to damage children’s developing brains and make farmworkers sick. But the fight to protect kids and workers from this toxic pesticide isn’t over. In a welcome new twist, the Attorney General of New York and his counterparts in six other states announced today that they have filed an objection with the EPA for its inaction.
Joining New York Attorney General Eric Schneiderman in the legal challenge are the Attorneys General of California, Maine, Maryland, Massachusetts, Washington, and Vermont. They charge that the EPA “failed to make a key safety finding needed to continue to allow levels of chlorpyrifos, a common agricultural pesticide, on fruits and vegetables consumed by the public. The federal Food, Drug, and Cosmetic Act (Food Act) requires EPA to revoke allowable levels—or ‘tolerances’—for pesticide residues on foods if the Agency is unable to determine that the levels are safe.”
Chlorpyrifos has been studied for decades and increasingly regulated, but it’s still used on a variety of fruits and vegetables—including apples and broccoli—that millions of American moms and dads feed their kids every day. The EPA was all set to ban those last uses due to the pesticide’s ability to damage children’s developing brains, when Pruitt abruptly changed course.
The announcement of the states’ lawsuit comes as the saga of this pesticide continues to grow. Chlorpyrifos reportedly poisoned nearly 50 California farmworkers in an incident near Bakersfield in May.
And in another troubling development last month, Pruitt also put the kibosh on a planned proposal to ensure that pesticides including chlorpyrifos are safely applied. That proposal was supposed to regulate “restricted use pesticides,” defined by the EPA as having the “potential to cause unreasonable adverse effects to the environment and injury to applicators or bystanders without added restrictions.” It would have required workers handling such pesticides—including chlorpyrifos—to be at least 18 years old and to have regular safety training.