Groups File Petition Challenging EPA’s Delay of the Certification and Training Rule
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On Friday, May 19, Pineros y Campesinos Unidos Del Noroeste, Farm Workers Association of Florida, United Farm Workers and the Pesticide Action Network North America filed a petition in the U.S. Court of Appeals for the Ninth Circuit, challenging the EPA’s delay of the Pesticides; Certification of Pesticide Applicators final rule. The petitioners state that EPA failed "to comply with Administrative Procedures Act, 5 U.S.C. 553, and the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et. Seq. when on three separate occasions it modified the effective date of the final rule."
The petition appears to be procedural without any substantive claims, but acknowledges that a second petition will soon be filed in district court. A successful challenge to the delayed implementation date of May 22, 2018 could make that date earlier, but that depends on the length of the court proceedings and the success of the petitioners’ challenge. NPMA will continue to closely monitor the court challenge(s) and will remain ready and flexible to work with NPMA members, state lead regulatory agencies and the EPA to ensure a smooth transition and compliance with the final rule.
