Two weeks ago, we informed you that the Department of Justice (DOJ) filed a petition for a rehearing before the 9th Circuit Court of Appeals (Court of Appeals) about the decision directing the U.S. Environmental Protection Agency (“EPA”) to revoke all tolerances and cancel all registrations for chlorpyrifos within 60 days.

Last week, CCM (along with our cohort of Ag organizations) filed an amicus brief in support of the Respondents’ motion for hearing with all the judges in the Court of Appeals (en banc) and a panel rehearing of the Court of Appeals’ August 9, 2018, opinion vacating an Order from the EPA regarding chlorpyrifos and remanding to EPA directing the Agency to “revoke all tolerances and cancel all registrations for chlorpyrifos within 60 days.”

In the amicus brief, we argue that as state, regional, and national trade associations, Growers can provide substantial knowledge and expertise regarding the practical implications of the Court’s order, which will promote a full and fair adjudication of the petition for rehearing.  CCM addressed the practical consequences of litigation involving crop protection products, namely the use of chlorpyrifos for control of Argentine ant and native grey ant is absolutely essential and to lose such a tool will leave our citrus growers without a good alternative in the fight against Huanglongbing.

As the case progresses, we will keep you updated and apprised our involvement.

Looking ahead to the 2019 legislative session, we anticipate either or both bills will be reintroduced in some form.  Additionally, it is likely that there will once again be a bill to increase the number of mandated paid sick leave days.  Gonzalez Fletcher authored the existing mandate for paid sick leave in 2015 and her bill this year to increase the number of days to 5 was held in Assembly Appropriations.   We fully expect the issue to return again next year.