Court upholds California pesticide rules

Date:05-14-2015

California's pesticide rules for fumigant emissions have been upheld by a federal appeals court.

A federal appeals court has rejected claims that California pesticide restrictions were unlawfully approved by the U.S. Environmental Protection Agency(EPA).

The 9th U.S. Circuit Court of Appeals has dismissed a lawsuit filed by environmental and community groups that accused EPA of arbitrarily and capriciously accepting that state pesticide emission rules comply with the federal Clean Air Act.

The plaintiffs — El Comite Para El Bienstar De Earlimart, Association of Irritated Residents, Wishtoyo Foundation and Ventura Coastkeeper — had argued that EPA should have required California to enact stricter cuts in emissions from fumigants.

Under the Clean Air Act, states must develop plans to comply with federal emissions standards for pollutants, such as ozone. Because some fumigants are precursors to ozone, California imposed restrictions on these pesticides in several areas.

The plaintiffs claimed that California committed to cut emissions in the San Joaquin Valley by 20 percent but then only implemented a 12 percent reduction.

While acknowledging there is “ambiguity” in California’s regulatory documents, the 9th Circuit agreed with EPA that the 20 percent reduction was an “aspirational goal” while the 12 percent cut was actually necessary to comply with air quality standards.

The three-judge appellate panel also rejected the plaintiffs’ arguments that caps on fumigant use will not achieve the necessary emission reductions and that the state plan is unenforceable.

The EPA previously agreed to settle a complaint filed by the plaintiffs that claimed California’s fumigant rules violated the civil rights of Latinos, who were allegedly disproportionately affected by emissions.

The plaintiffs argued that EPA’s more recent approval of California fumigant rules breached that settlement because the agency did not conduct a pesticide exposure study.

The 9th Circuit, however, agreed with EPA that there’s no evidence of disparate impact on Latinos from the newer rules.

In dismissing the case, the appellate judges also stated they “hope our actions will bring to an end litigation and administrative proceedings” over the California regulations, which have been ongoing since 1994.