Trump Administration Asks Court to Re-Hear Case That Banned Chlorpyrifos
The Trump administration is appealing a federal court ruling that ordered the U.S. Environmental Protection Agency (EPA) to ban chlorpyrifos, a widely used pesticide tied to brain damage and other health problems in children.
In August, the Ninth Circuit Court of Appeals ruled the EPA must ban the pesticide within 60 days based on strong scientific evidence that chlorpyrifos—which is applied on dozens of fruit, nut and vegetable crops—is unsafe for public health.
The court's ruling nullified a decision by then-EPA Administrator Scott Pruitt, who rejected his own agency's proposal to ban the toxic chemicals. Reports showed that Pruitt made the decision after intense lobbying from the pesticide and agriculture industry and the leading chlorpyrifos manufacturer, DowDuPont.
EPA Chief Met With Dow Chemical CEO Before Deciding Not to Ban Toxic Pesticide https://t.co/00pORekJv0 @ecowatch— Sierra Club (@Sierra Club)1498668816.0
On Monday, the Trump administration requested the full court to rehear the case, effectively postponing the effectiveness of last month's court order.
In their Monday filing, Department of Justice attorneys said the court's ruling violated Supreme Court precedent and the law when it made its decision, The Hill reported.
The attorneys said the Ninth Circuit should have overturned the EPA's decision and sent it back for reconsideration rather than ordering a full ban, The Hill wrote. They also argued that the court did not have the authority to rule in the case, and it should have gone to a lower district court first.
"The important thing here is that courts are not supposed to operate this way," EPA spokesman Michael Abboud told The Hill in a statement.
"This opinion nullifies the [Federal Insecticide, Fungicide, and Rodenticide Act] process, violating a congressionally mandated statute. EPA takes science and health issues very seriously, but we must work within the legal process established by Congress."
The ruling "conflicts with Supreme Court precedent holding that where an agency's order is not sustainable on the record, a court should vacate the underlying decision and remand for further consideration by the agency, rather than directing specific action."
U.S. Secretary of Agriculture Sonny Perdue praised the administration's decision.
"The costs of an incorrect decision on chlorpyrifos are expected to be high and would cause serious impacts to American farmers working to feed, fuel, and clothe the United States and the world," Perdue said in an online statement. "This ruling, which would mean the sudden and total loss of chlorpyrifos, prevents farmers from using an effective and economical crop protection tool. Chlorpyrifos is used on well over 50 crops grown throughout the United States due to its efficacy and broad-spectrum activity across multiple pests. For some crops and target pests, chlorpyrifos is the only line of defense, with no viable alternatives."
"Trump's EPA is delaying the inevitable and putting people in harm's way," Patti Goldman, Earthjustice managing attorney, said i a press release. "By keeping this unsafe pesticide in our food and drinking water, EPA is violating the law. Every day we go without a ban, children and farmworkers are needlessly eating, drinking and breathing this dreadful pesticide."
Erik Olson, senior director of health and food at the Natural Resources Defense Council, had similar sentiments.
"The Trump administration is shameless in its refusal to ban this dangerous chemical that is poisoning our children's brains," he said in an online statement. "Science, the law and EPA's own staff have all made it clear this toxic stuff does not belong on our food or in our fields, yet this administration is still going to bat for the billion-dollar chemical industry. We will not stop fighting to put children's health before powerful polluters."
BREAKING: The EPA has asked the 9th Circuit Court of Appeals to reconsider its decision ordering the agency to ban… https://t.co/OPUk3mNPUs— NRDC 🌎 (@NRDC 🌎)1537882806.0
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1. Stay Informed<p>A first order of business in pet evacuation planning is to understand and be ready for the possible threats in your area. Visit <a href="https://www.ready.gov/be-informed" target="_blank">Ready.gov</a> to learn more about preparing for potential disasters such as floods, hurricanes, and wildfires. Then pay attention to related updates by tuning <a href="http://www.weather.gov/nwr/" target="_blank">NOAA Weather Radio</a> to your local emergency station or using the <a href="https://www.fema.gov/mobile-app" target="_blank">FEMA app</a> to get National Weather Service alerts.</p>
2. Ensure Your Pet is Easily Identifiable<p><span>Household pets, including indoor cats, should wear collars with ID tags that have your mobile phone number. </span><a href="https://www.avma.org/microchipping-animals-faq" target="_blank" rel="noopener noreferrer">Microchipping</a><span> your pets will also improve your chances of reunion should you become separated. Be sure to add an emergency contact for friends or relatives outside your immediate area.</span></p><p>Additionally, use <a href="https://secure.aspca.org/take-action/order-your-pet-safety-pack" target="_blank" rel="noopener noreferrer">'animals inside' door/window stickers</a> to show rescue workers how many pets live there. (If you evacuate with your pets, quickly write "Evacuated" on the sticker so first responders don't waste time searching for them.)</p>
3. Make a Pet Evacuation Plan<p> "No family disaster plan is complete without including your pets and all of your animals," says veterinarian Heather Case in <a href="https://www.youtube.com/watch?v=Q9NRJkFKAm4" target="_blank">a video</a> produced by the American Veterinary Medical Association.</p><p>It's important to determine where to take your pet in the event of an emergency.</p><p>Red Cross shelters and many other emergency shelters allow only service animals. Ask your vet, local animal shelters, and emergency management officials for information on local and regional animal sheltering options.</p><p>For those with access to the rare shelter that allows pets, CDC offers <a href="https://www.cdc.gov/healthypets/emergencies/pets-in-evacuation-centers.html" target="_blank">tips on what to expect</a> there, including potential health risks and hygiene best practices.</p><p>Beyond that, talk with family or friends outside the evacuation area about potentially hosting you and/or your pet if you're comfortable doing so. Search for pet-friendly hotel or boarding options along key evacuation routes.</p><p>If you have exotic pets or a mix of large and small animals, you may need to identify multiple locations to shelter them.</p><p>For other household pets like hamsters, snakes, and fish, the SPCA recommends that if they normally live in a cage, they should be transported in that cage. If the enclosure is too big to transport, however, transfer them to a smaller container temporarily. (More on that <a href="https://www.spcai.org/take-action/emergency-preparedness/evacuation-how-to-be-pet-prepared" target="_blank" rel="noopener noreferrer">here</a>.)</p><p>For any pet, a key step is to establish who in your household will be the point person for gathering up pets and bringing their supplies. Keep in mind that you may not be home when disaster strikes, so come up with a Plan B. For example, you might form a buddy system with neighbors with pets, or coordinate with a trusted pet sitter.</p>
4. Prepare a Pet Evacuation Kit<p>Like the emergency preparedness kit you'd prepare for humans, assemble basic survival items for your pets in a sturdy, easy-to-grab container. Items should include:</p><ul><li>Water, food, and medicine to last a week or two;</li><li>Water, food bowls, and a can opener if packing wet food;</li><li>Litter supplies for cats (a shoebox lined with a plastic bag and litter may work);</li><li>Leashes, harnesses, or vehicle restraints if applicable;</li><li>A <a href="https://www.avma.org/resources/pet-owners/emergencycare/pet-first-aid-supplies-checklist" target="_blank">pet first aid kit</a>;</li><li>A sturdy carrier or crate for each cat or dog. In addition to easing transport, these may serve as your pet's most familiar or safe space in an unfamiliar environment;</li><li>A favorite toy and/or blanket;</li><li>If your pet is prone to anxiety or stress, the American Kennel Club suggests adding <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">stress-relieving items</a> like an anxiety vest or calming sprays.</li></ul><p>In the not-unlikely event that you and your pet have to shelter in different places, your kit should also include:</p><ul><li>Detailed information including contact information for you, your vet, and other emergency contacts;</li><li>A list with phone numbers and addresses of potential destinations, including pet-friendly hotels and emergency boarding facilities near your planned evacuation routes, plus friends or relatives in other areas who might be willing to host you or your pet;</li><li>Medical information including vaccine records and a current rabies vaccination tag;</li><li>Feeding notes including portions and sizes in case you need to leave your pet in someone else's care;</li><li>A photo of you and your pet for identification purposes.</li></ul>
5. Be Ready to Evacuate at Any Time<p>It's always wise to be prepared, but stay especially vigilant in high-risk periods during fire or hurricane season. Practice evacuating at different times of day. Make sure your grab-and-go kit is up to date and in a convenient location, and keep leashes and carriers by the exit door. You might even stow a thick pillowcase under your bed for middle-of-the-night, dash-out emergencies when you don't have time to coax an anxious pet into a carrier. If forecasters warn of potential wildfire, a hurricane, or other dangerous conditions, bring outdoor pets inside so you can keep a close eye on them.</p><p>As with any emergency, the key is to be prepared. As the American Kennel Club points out, "If you panic, it will agitate your dog. Therefore, <a href="https://www.akc.org/expert-advice/home-living/create-emergency-evacuation-plan-dog/" target="_blank" rel="noopener noreferrer">pet disaster preparedness</a> will not only reduce your anxiety but will help reduce your pet's anxiety too."</p>
Evacuating Horses and Other Farm Animals<p>The same basic principles apply for evacuating horses and most other livestock. Provide each with some form of identification. Ensure that adequate food, water, and medicine are available. And develop a clear plan on where to go and how to get there.</p><p>Sheltering and transporting farm animals requires careful coordination, from identifying potential shelter space at fairgrounds, racetracks, or pastures, to ensuring enough space is available in vehicles and trailers – not to mention handlers and drivers on hand to support the effort.</p><p>For most farm animals, the Red Cross advises that you consider precautionary evacuation when a threat seems imminent but evacuation orders haven't yet been announced. The American Veterinary Medical Association has <a href="https://www.avma.org/resources/pet-owners/emergencycare/large-animals-and-livestock-disasters" target="_blank">more information</a>.</p>
Bottom Line: If You Need to Evacuate, So Do Your Pets<p>As the Humane Society warns, pets left behind in a disaster can easily be injured, lost, or killed. Plan ahead to make sure you can safely evacuate your entire household – furry members included.</p>
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