The Trump administration improperly and repeatedly delayed the pesticide applicator rule issued by the EPA in early 2017, decided U.S. District Judge Jeffrey White, who declared the rule to be in effect. The regulation, written during the Obama administration, bars minors from handling dangerous pesticides and updates certification procedures for those applying pesticides.
An EPA spokesperson said the agency was reviewing the ruling and had no immediate comment. The decision was “a major win for farmworker and health groups,” said Earthjustice, an environmental group. “This ruling puts EPA Administrator Scott Pruitt on notice that the courts are going to be scrutinizing any rule that reduces health protections for farmworkers,” said Stacey Geis, Earthjustice’s managing attorney.
The 2017 rule updated the procedures for training and certifying workers who apply restricted-use pesticides, which are the most toxic pesticides in use and are not available for purchase by the public. When it took office, the Trump administration quickly and repeatedly delayed implementation of the regulation. White, who is based in San Francisco, listed five delays to the original March 6, 2017, effective date for the applicator rule. States would have three years, until March 2020, to submit their plans for compliance to the EPA.
“It is undisputed that when EPA delayed the Pesticide Rule in January, March, and June 2017, it did so without providing any notice or opportunity to comment,” said the judge, who asserted that the EPA had violated the government’s rulemaking process, which requires officials to give the public time to comment on regulations. White said the EPA also intended to delay the implementation date for the rule at the same time it considered revisions to the rule.
To read the court opinion, click here.