Dicamba Makers Ask 9th Circ. To Rehear Nixed Approvals

Law360 (July 21, 2020, 5:31 PM EDT) -- A Ninth Circuit panel should not have thrown out approvals for three dicamba-based herbicides, a Bayer unit said, asking for en banc rehearing and accusing the court of substituting its own opinion for the U.S. Environmental Protection Agency's consideration of the products' risks.

In separate rehearing requests filed Monday by three manufacturers, Bayer AG unit Monsanto, BASF and E.I. du Pont de Nemours and Co., the companies argued that the panel issued a ruling that was too broad, didn't properly defer to the EPA's judgment and ignored procedural problems.

The Ninth Circuit said in June that the EPA violated the Federal Insecticide Fungicide...

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