Lawsuit Challenging National Organic Program Guidance on Pesticides to Continue

A California federal court has denied the U.S. Department of Agriculture’s
(USDA’s) motion to dismiss a lawsuit brought by environmental
organizations challenging USDA’s issuance of a guidance document
about the use of pesticides in compost without first having solicited
public comment. Ctr. for Envt’l Health v. Vilsack, No. 15-1690 (N.D. Cal.,
order entered September 29).

The Center for Food Safety (CFS), Center for Environmental Health and
Beyond Pesticides challenged USDA’s actions on Administrative Procedures
Act (APA) grounds, arguing the agency violated federal procedures
by not allowing a formal rulemaking and public comment period about
a guidance document permitting the use of compost with pesticides in
the production of organic food. The court found that the organizations
had sufficiently stated their claim under the APA and had standing to
sue. “The agency’s unilateral action to allow compost contaminated with
pesticides in organic production was contrary to federal rulemaking
requirements as well as contrary to the high standards of organic integrity,”
George Kimbrell, CFS counsel, said in a September 30, 2015, press
release. “We will continue to represent the organic community in holding
USDA accountable.”

Issue 580