In light of court ruling, EPA to propose allowing most uses of pesticide linked to developmental delays in children

In light of a recent court ruling, the Environmental Protection Agency (EPA) expects to propose a rule allowing a pesticide that has been linked to developmental delays in children to go back on the market for many of its most common uses.

The EPA banned the use of the pesticide, called chlorpyrifos, in 2021, but a court tossed that ban last month. 

The agency said Tuesday that it would “expeditiously” propose a new rule to ban all of the uses of the substance, except for 11 that were identified in the court ruling.

It noted those 11 uses comprise 55 percent of chlorpyrifos’s total usage between 2014 and 2018.

The court threw out the EPA’s ban on the chemical because it said the agency did not adequately consider whether there are safe uses of chlorpyrifos. The 2021 ban came after another court gave the EPA just 60 days to either identify a safe use for the substance or ban it.

Last month’s ruling did not bar the EPA from reimposing the ban in the future if it gave additional consideration.

Asked whether a ban could eventually be reimposed on the 11 uses of chlorpyrifos that will be permitted, an EPA spokesperson told The Hill on Thursday that the uses will be reviewed. 

“All uses of chlorpyrifos — both food and non-food — are going through registration review right now,” said spokesperson Jeff Landis. 

“The 11 food uses will continue on that path, which we anticipate will include human health risk mitigation, such as updated personal protection equipment and engineering controls,” Landis added. 

Earthjustice, an environmental advocacy organization, has called on the agency to restrict exposure to the substance. 

“Pursuing environmental justice means protecting children and farmworker families—EPA should act accordingly,” said Noorulanne Jan, Earthjustice associate attorney, in a written statement.