We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

9th Circ. Panel Rips EPA's Weedkiller Approval Process

Law360 (May 16, 2019, 10:28 PM EDT) -- Two Ninth Circuit judges on Thursday criticized the U.S. Environmental Protection Agency's process for approving Dow AgroSciences LLC's glyphosate weedkiller Enlist Duo, saying the EPA's voluntary offer to reconsider its approval of the weedkiller has resulted in it skirting legal challenges altogether.

During a hearing in Portland, Oregon, U.S. Circuit Judge N. Randy Smith repeatedly pointed out that no one has ever gotten a chance to fight the EPA's 2014 order approving Enlist Duo, or subsequent orders reaffirming its approval, and the EPA seems to be trying to keep it that way.

"The bottom line is, if I were in the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS