Senator Cramer Applauds 8th Circuit Court Decision on EPA Chlorpyrifos Ban

BISMARCK— U.S. Senator Kevin Cramer (R-ND) issued the following statement after the 8th Circuit Court of Appeals ruled in the case of Red River Valley Sugarbeet Growers Association et al. v. Michael Regan, stating the U.S. Environmental Protection Agency’s (EPA) decision to ban the use of chlorpyrifos was “arbitrary and capricious.” 

“Today’s decision is a victory for our farmers, including the Red River Valley Sugarbeet Growers Association and other petitioners in this case. Our producers depend on chlorpyrifos to grow the food we need to sustain our state, nation, and world. I appreciate the efforts of North Dakotans like Agriculture Commissioner Doug Goehring and our commodity groups in fighting this overzealous ban. The EPA’s decision was a foregone conclusion, absent the scientific or legal justification needed for such a drastic action. I am glad to see the court’s recognition of the EPA’s intransigence and unwillingness to allow the use of chlorpyrifos for food and feed uses.”

On December 15, 2022, the United States Court of Appeals for the 8^th Circuit heard argument in Red River Valley Sugarbeet Growers Association et al. v. Michael Regan, filed by the Red River Valley Sugarbeet Growers Association, American Crystal Sugar Company, Minn-Dak Farmers Cooperative, the North Dakota Soybean Growers Association, and several other organizations.

The lawsuit alleged the EPA unlawfully banned the use of chlorpyrifos on food and feed crops in 2021. According to the ruling, by 2017, just four years before the EPA banned its use, chlorpyrifos was the most widely used conventional insecticide in the country. The 8^th Circuit Court of Appeals found EPA misread the Federal Food Drug and Cosmetic Act and the 9th Circuit’s opinion by concluding its “only” choice was to revoke the food tolerances for chlorpyrifos.

The court stated the EPA is free to exercise its discretion as long as it considers all important aspects of the problem and gives a reasoned explanation for whichever option it chooses. However, it must recognize the full scope of what it can do before announcing what it will not do.

Background:

In April 2022, at a Senate Environment and Public Works Committee hearing, Senator Cramer called on EPA Administrator Michael Regan to work with the North Dakota Department of Agriculture on chlorpyrifos disposal.