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Ninth Circuit Questions Next Steps in Dispute Over Pesticide Use

July 28, 2020, 8:37 PM

A panel of three Ninth Circuit judges appeared unsure during oral argument Tuesday how to resolve a dispute between states and environmental groups and the EPA over the agency’s decision to allow the continued use of the pesticide chlorpyrifos.

Judges Jay S. Bybee and Jacqueline H. Nguyen both questioned what the EPA’s options were if they decided to set aside the agency’s order.

Frederick Brodie, who argued on behalf of five states including New York and California, said merely setting aside the order “wouldn’t satisfy complete relief.”

Brodie said the court should remand the agency’s decision with instructions to revoke ...

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