Biden Admin U-Turns on Ban of Pesticide Linked to Learning Disabilities, Behavioral Disorder in Kids

An aerial view of a farm in Florida City, Fla., on Apr. 1, 2020. (Joe Raedle/Getty Images)

The Environmental Protection Agency (EPA) has announced it plans to rescind a ban on the use of the pesticide chlorpyrifos—which has been linked to multiple health issues including learning disabilities and behavioral disorders in children—in some cases, following an appeals court ruling.

The EPA said in an update on Dec. 18 that it would not challenge the appeals court ruling and would “expeditiously” propose a new rule to ban all uses of the pesticide except for 11 that were referenced in the court ruling that are used for alfalfa, apples, asparagus, cherries, citrus, cotton, peaches, soybean, strawberries, sugar beet, and wheat, which is just over half of the total chlorpyrifos usage.

“Upon issuance of the Eighth Circuit’s mandate (which has not occurred as of the date of this update), all chlorpyrifos tolerances would automatically be in effect once again,” the EPA said. “In conformance with the Eighth Circuit’s ruling and after issuance of the mandate, EPA intends to immediately issue a notice correcting the Code of Federal Regulations to reflect the court’s reinstatement of chlorpyrifos tolerances.”

Chlorpyrifos is a pesticide that has been widely used in homes and on farms since 1965. In homes, it was used to control cockroaches and fleas, among other insects, before it was banned from indoor home use in 2001.

On the farm, the pesticide is used to control ticks on cattle and as a spray to control pests on various crops and produce.

It is also used in non-agricultural settings, such as golf courses.

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A member of the organophosphate family, the EPA has classified chlorpyrifos as a possible human carcinogen.

At high concentrations, the pesticide can produce various effects on the nervous system, including severe muscle tremors, seizures, loss of consciousness (coma), or death, according to the Centers for Disease Control and Prevention (CDC).

EPA Bans Chlorpyrifos

The EPA banned the use of the pesticide in 2021, contending that doing so would ensure children, farmworkers, and other individuals are protected from the potentially dangerous consequences of the pesticide.

That ban followed a successful legal challenge by the nonprofit Earthjustice on behalf of public health, labor, farmworkers, and disability organizations, compelling the EPA to protect children from chlorpyrifos.

However, the ban was challenged by agricultural groups who feared there would be no viable alternative to protect some of their crops.

In November, a ruling by the 8th Circuit Court of Appeals overturned the ban, stating that the EPA had failed to consider whether there were cases where the pesticide could be used safely.

“The Eighth Circuit’s decision stated that EPA should have considered modification of tolerances in addition to complete revocation and noted that the Agency had ‘identified 11 specific candidates’ of food and feed crop uses whose tolerances could be so modified in a Preliminary Interim Decision EPA issued in 2020,” the agency continued. “Consequently, the Agency expects to expeditiously propose a new rule to revoke the tolerances associated with all but the 11 uses referenced by the court.”

Developmental Delays, Disorders

The EPA noted it intends to further evaluate chlorpyrifos food uses and restrictions in the future.

“Chlorpyrifos is still under evaluation in registration review, a program that re-evaluates all pesticides on a 15-year cycle,” the agency noted. “Registration review ensures pesticides will not cause unreasonable adverse effects when used according to label directions and precautions, and that there is a reasonable certainty of no harm from dietary and residential exposure.”

Earthjustice, the organization that filed a lawsuit that ultimately led to the initial ban on chlorpyrifos, said that the EPA’s latest proposal means that a handful of chemical companies who initially challenged the EPA’s ban on chlorpyrifos can now sell the “toxic pesticide” again, despite it being linked to learning disabilities and behavioral disorders in children.

The group noted that even small exposures to chlorpyrifos can cause “irreversible harm” to the developing brains of children, in some cases resulting in autism and hyperactivity.

According to the National Pesticide Information Center, children who are exposed to chlorpyrifos have been reported to have more developmental delays and disorders than those who are not exposed to the pesticide, including more attention-deficit and hyperactivity disorders.

“Harm from chlorpyrifos is generational — children don’t get a do-over on brain development and acute poisonings have a cumulative effect on the long-term health of farmworkers and their families. Pursuing environmental justice means protecting children and farmworker families — EPA should act accordingly,” said Noorulanne Jan, Earthjustice associate attorney.

Mimi Nguyen Ly contributed to this report.