The 9th Circuit Court of Appeals has issued two rulings that, combined with the recent 4th Circuit ruling in the Baltimore case, makes it more likely that state and local public nuisance climate cases will be heard in state courts, rather than federal courts. The two California cases got to the 9th Circuit via different routes.
Tag Archives: jurisdiction
Last week, the 9th Circuit Court of Appeals ordered EPA to revoke all tolerances for chlorpyrifos within 60 days. It’s another fairly devastating indictment of the Trump administration.
First of all, the merits were pretty clear. Clear enough that the administration did not attempt to defend the case on the merits! The statutory language requires EPA to ban pesticides from use on food products unless:
There is a reasonable certainty that no harm will result from aggregate exposure to the pesticide.… More