The Ninth Circuit Court of Appeals directed the EPA to suspend approval of chlorpyrifos for application on food products unless safety can be demonstrated. Accordingly the EPS will publish a regulation blocking the use of the compound on all food crops.  These include corn, soybeans, apples, vegetables and leafy greens.  The EPA is using the court order to remove chlorpyrifos from agricultural use rather than following the regulatory process that would require public comment and take considerable time. This FDA actionaction will effectively eliminate more than 90 percent of chlorpyrifos application in the U.S.

Quoted in the New York Times on August 18th, EPA Administrator Michael S. Regan said, "today EPA is taking an overdue step to protect public health".  He added, "ending the use of chlorpyrifos on food will help ensure children, farm workers and all people are protected from the potentially dangerous consequences of this pesticide”. In the opinion headed down by the Ninth Circuit, Judge Jed S. Rakoff noted, "rather than ban the pesticide or impose restrictions, the EPA sought to evade through one delaying tactic after another its plan statutory duty".

Chlorpyrifos has long since been banned in the E.U. as a result of unequivocal demonstration of adverse neurologic effects.  California, Hawaii, New York and Maryland have either banned or otherwise restricted the use of the compound.  The Obama Administration initiated a revocation of the pesticide in 2015, but the previous administration rescinded action in 2020 initiating litigation over the use of the product. Chlorpyrifos will still be allowed to be applied to non-food situations including turf, cotton and to treat timber.