Rural Coalition et al. v. EPA et al.

20-73220
October 30, 2020
Not judged
United States, Washington, DC

Farmers, Environmental NGOs, Health/Food groups
Rural Coalition, Pesticide Action Network North America (PANNA), Beyond Pesticides, Center for Biological Diversity (CBD), Center for Food Safety (CFS)
EPA, Andrew Wheeler
Stephanie M. Parent, George A. Kimbrell, Sylvia Shih-Yau Wu

Administrative
Application for judicial review
Herbicide, Atrazine, Simazine, Propazine
Set aside the Interim Registrations for atrazine, propazine and simazine; grant relief as may be necessary and appropriate to stop the use and sale of pesticides authorized by the Interim Registrations after vacatur.
United States Court of Appeals for the Ninth Circuit of Washington, DC, United States
No description

On October 30, 2020, a public interest group formed by the associations Rural Coalition, Beyond Pesticides, Center for Biological Diversity, Center for Food Safety and the North American branch of Pan Action Network, are asking the Ninth Circuit Court of Appeals to reconsider the Environmental Protection Agency's (EPA) approval of the herbicides atrazine, propazine and simazine.

On the basis of federal law on insecticides, fungicides and rodenticides, the plaintiff associations argue that the EPA has violated its legal obligation to ensure that pesticides do not cause unreasonable harm to public health and the environment.

In particular, the reauthorization of atrazine, a potentially carcinogenic endocrine disruptor banned in 35 States across the world, has raised questions about the EPA's new biological evaluation process, which fails to take into account various factors affecting the substance's impact on biodiversity. In November 2020, further EPA reconciliations showed that atrazine, simazine and propazine have significant adverse effects on a number of endangered species.

In August 2021, following President Joe Biden's declaration to "limit exposure to hazardous chemicals and pesticides", EPA petitioned the Ninth Circuit Court of Appeals for a voluntary partial remand to reconsider the authorization of atrazine, which the Court granted on December 14, 2021. On June 30, 2022, the EPA sought public comment on additional ecological mitigation measures for atrazine. A decision on whether to renew or ban atrazine has not yet been made.