221422P.pdf   11/02/2023  RRVSG Assoc.  v.  Michael Regan
   U.S. Court of Appeals Case No:  22-1422
                          and No:  22-1530
   Petition for Review of an Order of the Environmental Protection Administration   
   [PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Gruender, Circuit 
   Judges] 
   Civil case - Environmental law. Agricultural groups challenge the EPA's 
   decision to ban the use of the insecticide chlorpyrifos on all food crops 
   in the United States. The order was entered in response to the Ninth 
   Circuit's decision directing the agency to either revoke the tolerance 
   levels currently approved for the chemical's use of various crops or 
   modify them - see League of United Latin Am. Citizens v. Regan, 996 F.3d 
   673 (9th Cir, 2021). Facing an expiring time deadline, the agency banned 
   chlorpyrifos. This was error, as the agency had the authority to issue a 
   partial ban, cancelling some registrations and retaining others that 
   satisfied the statutory safety margin; the decision to ignore the 
   modifications of some levels and simply ban all uses was arbitrary and 
   capricious; the petitions for review are granted, the agency's orders are 
   vacated, and the matter is remanded to the agency for further proceedings.