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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...

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