Rural and Migrant Ministry et al v. EPA et al

Reference :

1:20-cv-10645

Complaint date :

December 16, 2020

Status :

Not judged

Place of jurisdiction :

United States, New York

Plaintiffs types :

Environmental NGOs, Farmers, Unions, Medical doctors, Farm/rural workers

Plaintiffs names :

Rural & Migrant Ministry, Alianza Nacional de Campesinas, El Comite de Apoyo a los Trabajadores Agricolas, Farmworker Association of Florida, Migrant Clinicians Network, Pineros y Campesinos Unidos del Noroeste, Rural Coalition, United Farm Workers, United Farm Workers Foundation,

Defendants :

EPA, Andrew Wheeler

Lawyers for Health and Environmental Justice :

Eve Gartner, Surbhi Sarang, Kara Goad, Carrie Apfel, Iris Figueroa, Trent Taylor

Case nature :

Civil court

Specificities :

Civil action for injunctive and declaratory relief

Type(s), Product(s), Active substance(s) :

All

Requests :

Grant a temporary restraining order and/or preliminary injunction of the Final Rule ; Declare that the Final Rule violates the law ; Vacate and set aside the Final Rule in its entirety...

Name of the Court :

District court for the Southern district of New York, United States

Jurisdiction level :

Summary :

This lawsuit from a coalition of NGOs, farmworker advocacy and community health groups challenges an EPA rule issued in October 2020, that significantly curtails the Application Exclusion Zone (AEZ), which is a key provision of the Agricultural Worker Protection Standard. The AEZ is the area surrounding the pesticide application that must be free of all people other than the trained pesticide applicators. This rule is also challenged by a coalition of five States (State of New York et al v. EPA, 1:20-cv-10642). The regulation was scheduled to be implemented on Dec. 29, 2020, but plaintiffs move for a temporary restraining order (“TRO”) and a preliminary injunction enjoining the regulation from going into effect. The TRO is granted and the Court stays the effective date of the challenged rule, until January 12, 2021.

Scientific references :

No scientifice reference for this case.