A three judge panel of the United States Court of Appeals for the Ninth Circuit recently ordered EPA “to revoke all tolerances and cancel all registrations for chlorpyrifos within 60 days” of the court’s order. One of the three judges dissented on several grounds, including that the court did not have jurisdiction to issue this order.

The Ninth Circuit has now granted EPA’s Petition for En Banc Rehearing of this Order and the three-judge panel decision underlying it. Oral argument before every non-recused judge in the Ninth Circuit is scheduled for sometime during the week of March 25, 2019, in San Francisco.

Click here for the 3-judge panel chlorpyrifos opinion.

Click here for the EPA Petition for En Banc or Panel Rehearing.