Full 9th Circ. To Reconsider Forcing EPA Action On Pesticide

Law360 (February 6, 2019, 11:28 PM EST) -- The Ninth Circuit on Wednesday granted a request by the U.S. Environmental Protection Agency for an en banc hearing to reconsider an August appeals panel decision that required the agency to ban a pesticide linked to developmental harm in children.

In asking for the rehearing, the EPA argued that the panel, which included one dissenting judge, had erred in its majority decision, which said the agency's 2017 order continuing to allow chlorpyrifos was improper because it hadn't found with "reasonable certainty" that the pesticide's "tolerances" — the allowable limits for the pesticide in certain foods — were safe.

Specifically, the EPA...

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