Shooting Fish In A Barrel: EPA Loses Another Regulatory Delay Case (Video)

On Wednesday, EPA lost yet another regulatory delay case. After the Obama EPA promulgated rules updating requirements concerning certification and use of "restricted use pesticides" in January 2017, the Trump EPA purported to delay the rule's implementation date five separate times. According to the Court, EPA provided no notice and opportunity to comment on four of those occasions; once, they provided a four-day (yes, four) comment period.

EPA's primary defense of the delay was that the plaintiffs did not have standing. However, the plaintiffs included a farmworkers union, which submitted evidence that their members work with restricted use pesticides and have suffered harm as a result of currently inadequate training and safety measures. That was more than enough for the Court.