Morgan wrote:
Yes I did read about Dow, it always goes to big money push, do you also want to bet these guys have their own organic meats(raised cattle) and vegetables, they always make sure they're safe. After this new EPA deregulation we can go to see how Trump has taken away protections for wage theft and unsafe working conditions. What person in their right mind would take those protections away from the people, there once again is this administrations t***sparency.
This is litigation that goes back to 2006 where the EPA had repeatedly denied the chemical was dangerous.. Then they reversed their stance, it was dangerous and then said after almost 10 years of doing nothing there was cutting edge science that skewed the potential harm..:1 In its Response at 28, EPA incorrectly asserts that PAN/NRDC bear the burden of proving that chlorpyrifos is unsafe, but the FQPA places the burden on EPA to find a pesticide is safe. EPA also argues that it need not apply a tenfold FQPA safety factor based on its 2006 risk assessment, even though it has since determined in its 2014 and 2016 risk assessment and proposed tolerance revocations that a tenfold FQPA safety factor is required to protect children from prenatal neuro- developmental harm from chlorpyrifos. EPA Response at 28-30. As this Court recognized, EPA “has backtracked significantly from” its 2006 pronouncement over the last several years. 798 F.3d at 814.
EPA’s March 29, 2017 Response is remarkable in its utter silence as to EPA’s previous findings. Nowhere does EPA suggest that it has reconsidered its finding that chlorpyrifos is unsafe. Nor does EPA address how it can legally maintain chlorpyrifos tolerances in the face of its findings that chlorpyrifos exposures are unsafe. EPA’s only justification for failing to take action in the face of its prior findings that chlorpyrifos exposures are unsafe is its preference to engage in further study and its belief (addressed below) that this Court has not and cannot order it to act before October 2022. EPA has not withdrawn the proposed rule, but has merely decided not to finalize it or take other regulatory action until some unspecified time prior to October 1, 2022. EPA Response at 37. This approach runs counter to EPA’s representations to the Court that it would revoke all chlorpyrifos tolerances unless the registrants agreed to mitigation that would ensure the exposures would be safe, see EPA Response at 14, or its further assessments showed exposures are at safe levels. Decl. of Jack Housenger in Support of Opposition to Petition for a Writ of Mandamus ¶ 22 n.15 (July 23, 2012) (Dkt. No. 1-2).
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This Court has already rejected EPA’s pleas for more time to study chlorpyrifos before taking regulatory action. The Court opened its August 2015
Order granting a writ of mandamus, stating: “Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health.” 798 F.3d at 811. EPA had emphasized that the scientific issues are “on the cutting edge of science,” involving “novel scientific questions . . . on the frontiers of science.” Decl. of Dana Vogel in Support of EPA’s Response to Renewed Petition for a Writ of Mandamus ¶ 5 (Dec. 18, 2014) (Dkt. No. 7-2); see also Housenger Decl. ¶¶ 11, 15, 24 (“novel questions,” “on the edge of evolving science,” complex and important scientific issues). In July 2013, this Court denied PAN/NRDC’s earlier petition for a writ of mandamus, in part because of the complicated scientific issues.
After EPA delayed further, this Court ruled in 2015 that spending nearly a decade reviewing the scientific issues without taking regulatory action was too little, too late. Compare In re Pesticide Action Network N. Am., 532 Fed. Appx. 649, 651 (9th Cir. 2013) with 798 F.3d at 811. And in August 2016, this Court refused to allow EPA to delay taking final regulatory action, calling the nine-year delay “objectively extreme” and making it clear that the time for further study had come and gone. Order of August 12, 2016 (Dkt. No. 51).
Emphases added EPA, delays and doing nothing to prove their case resulted in an order to sign off on the regulations they put in place but failed to prove..was an order granting a writ of mandamus...
EPA lost this case by doing nothing.. courts final judgement entry is Aug 2016., Well before Trump or his Director were involved. In other words EPA still did nothing upon the final judgement entry Aug 2016 and now had to sign off on it! Blame falls squarely to the EPA which was under BO Adm...They blew it, no one else.. and what an egregious flimflam abyss they created in it too.. Once again the people suffer for the BS in legally botched case handling..