In a significant victory for agriculture, the Monterey County Superior Court decided in favor of California Department of Pesticide Regulation (DPR) and County Ag Commissioner’s authority to issue restricted material’s permits for fumigant use in Monterey County.  Petitioners from 4 local teachers unions had challenged the existing authority for the government agencies to approve the use of restricted materials of chloropicrin and 1, 3-dichloropropene to fumigate fields intended to be planted in strawberries for applications proposed during the 2023 season. 
 
The Court rejected Petitioners’ arguments. The administrative record could not be expanded beyond what was presented to both CAC and Director. The “post hoc rationalization” theory failed because CAC inspectors performed their evaluations before issuance, and written explanations are only required when review is requested. The claim that CACs have authority to stay permits was forfeited and contrary to the statute, which grants stay authority only to the Director. Finally, Petitioners’ “pattern and practice” claim could not stand once the core CEQA-based challenges failed.
 
This is a huge win for the industry, while also affirming DPR and the Ag Commissioner’s authority to issue restricted material permits.