Pesticides; Agricultural Worker Protection Standard; Revision of the Application Exclusion Zone Requirements; Court Order; Stay of Effectiveness
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Issuing agencies
Abstract
On December 28, 2020, the United States District Court for the Southern District of New York issued an order in the case of State of New York et al. v. United States Environmental Protection Agency, which resulted in a stay of the effectiveness for an October 30, 2020 final rule (2020 AEZ Rule) amending certain provisions of EPA's Agricultural Worker Protection Standard (WPS) regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) related to the application exclusion zone (AEZ). Subsequent orders have extended this stay of the effectiveness. Although the text of the Code of Federal Regulations reflects the amendments to the AEZ provisions under the 2020 AEZ Rule, the district court's stay orders have prevented those amendments from going into effect. Accordingly, the regulatory text prior to the amendments provides the operative regulatory language during the current stay and any future extensions of the stay.
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