After 14 years of legal battles, a federal court ordered the Environmental Protection Agency to take actions that will likely force the neurotoxic pesticide chlorpyrifos off the market. The federal agency has for years been considering mounting evidence that links the pesticide to brain damage in children — including loss of IQ, learning difficulties, ADHD, and autism — but, as the court acknowledged, has repeatedly delayed taking action.

“Rather than ban the pesticide or reduce the tolerances to levels that the EPA could find were reasonably certain to cause no harm, the EPA sought to evade through delay tactics its plain statutory duty,” Judge Jed S. Rakoff wrote in his decision, which was released today by the 9th Circuit Court of Appeals. “During that time, the EPA’s egregious delay exposed a generation of American children to unsafe levels of chlorpyrifos,” he wrote, and ordered the EPA to issue a final regulation within 60 days.

While Rakoff stopped short of requiring the EPA to immediately ban the pesticide, he gave the agency little choice in how to respond. “The EPA’s obligation is clear: it […]