LULAC v. Wheeler

17-71636 14-72794
July 30, 2007
Provisional judgment
United States, Seattle, Washington

Environmental NGOs, Farm/rural workers, Unions
United Farmworkers AFL-CIO, Sea Mar Community Health Center, Pineros y Campesinos Unidos del Noroeste , Beyond Pesticides, Frente Indigena de Organizaciones Binacionales, Farm Labor Organizing Committee AFL-CIO, Teamsters Local 890, Martha Rodriguez, Silvina Canez, Earthjustice, Natural Resources Defense Council (NRDC), Pesticide Action Network North America (PANNA), League of United Latin American Citizens (LULAC), California Rural Legal Assistance Foundation, Farmworkers Association of Florida, Farmworker Justice
EPA
Patti Goldman, Joshua Osborne-Klein, Kristen L. Boyles, Shelley Davis, Virginia Ruiz, Aaron Colangelo, Michael Meuter, Jonathan Gettleman, Kevin E. Regan, Marianne E. Lado

Administrative
Civil action for injunctive and declaratory relief
Insecticide, Chlorpyrifos, Organophosphate
Plaintiffs ask EPA to ban use of chlorpyrifos.
Court of Appeals for the Ninth Circuit of Seattle, Washington, United States
No description

August 9, 2018
Positive
EPA must ban the organophosphorus insecticide chlorpyrifos on the basis of studies showing the dangerousness of the product.
National law

Plaintiffs have filed their case for a ban on chlorpyrifos on July 30, 2007. They have petitioned the EPA since 09/12/2007 to ban all uses of chlorpyrifos due to serious risks to human health. On 3/29/2017, EPA rejected the petition and refused to ban chlorpyrifos. On 04/05/2017, plaintiffs asked the 9th Circuit Court of Appeals to order the EPA to ban all use of chlorpyrifos within 30 days, based on the agency's repeated findings that the pesticide is dangerous. The motion was rejected on July 18, 2017. The last pleadings against EPA's refusal to ban chlorpyrifos took place before the CA on July 9, 2018. On August 9, 2018, the court ruled that EPA must ban chlorpyrifos within 60 days, but on August 24, EPA asked the court to rehear the case, which it ordered on February 6, 2019. The 9th Circuit has heard high stakes oral arguments in the case against the EPA on March 26, 2019, and a ruling is expected a few months later (no specified date). Corteva, a merger of Dow Chemical and Dupont, announces on Feb. 6, 2020 that it will stop producing chlorpyrifos by the end of the year, but Latino groups will continue to fight for a ban.