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Court Requires EPA to Respond to Petition to Ban Toxic Pesticide in Pet Products

On April 22, 2020, the Ninth Circuit U.S. Court of Appeals granted the U.S. Environmental Protection Agency (EPA) 90 days to respond to Natural Resources Defense Council’s (NRDC) petition requesting cancellation of tetrachlorvinphos (TCVP), a toxic organophosphate pesticide in pet products. The order followed the Ninth Circuit’s decision to grant NRDC’s petition for a writ of mandamus (a court’s order requiring a lower court or public authority to perform its statutory duty) as EPA withheld action to fulfill NRDC’s judicial review of TCVP, for over a decade. A favorable ruling on NRDC’s mandamus petition can influence other petitioners that hope to coerce agency action, especially when public health is at risk. The court states, “Repeatedly, the EPA has kicked the can down the road and betrayed its prior assurances of timely action, even as it has acknowledged that the pesticide poses widespread, serious risks to the neurodevelopmental health of children.”  Read more.....

 

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